There are many types of sporting injuries – but do you really expect to be injured when you are simply spectating?
Ms. Remande was a spectator at the Ryder Cup and was hit in the eye, leading to loss of sight. As the headlines celebrated Europe’s victory over the USA, they also suggested that Ms. Remande will be seeking compensation for the injury sustained.
But, is this possible?
For Ms. Remande to successfully receive compensation for her injuries, she must show that either the owner of the course and/or the golfer was negligent. They both owe a duty of care to her as she was a spectator at a ticketed sporting event and this duty affords reasonable protection for spectators. Such protection could be in the form of shouting ‘fore’, erecting signs alerting spectators of the potential risks and also following health and safety regulations.
However, any potential defendant could rely upon the element of risk always associated with spectating a sporting event. It could also be argued that Ms. Remande may not have been fully concentrating at the time of play - particularly given the video evidence showing that ‘fore’ was shouted several times. Equally, there is a general rule at sporting events that spectators acknowledge the general risks involved in attending sporting events.
Although there could be many issues to this matter, Ms. Remande’s chances of success could all come down to whether she was reasonably warned of the risks.
For further information of sporting injuries or other issues arising from personal injury claims, please contact Jacqueline Hardaway.