Golf Accident Liability Reports

LIABILITY REPORTS

Although similar in structure to an Expert Witness Report, the Liability Report does not provide a written review of evidence.

Such reports are often commissioned for internal insurance purposes to assess broad risk and financial exposure and for Solicitors in relation to golf course liability, driving range negligence or a golf club Duty of Care.

For solicitors requiring a definitive analysis of negligence, instructing a professional Liability Report ensures that the technical evidence is framed within the correct legal context to withstand judicial scrutiny.

To establish negligence following an incident on a golf course an injured party generally must demonstrate four elements:

• The a legal duty of care has been established.

• That duty had been breached unreasonably.

• The injury was caused directly by the breach.

• Measureable harm was suffered by an injured person.

Liability answers the civil question of who must pay or make good any loss. It is often prepared to allow an understanding of whether or not there is a case to answer.

Player Liability

Many solicitors and insurers wish to understand whether any liability pertains to injuries caused by one golfer to another. or to somebody else's property.

Designer Liability

Golf course designers and architects may have created a course or driving range which is not reasonably safe.

Understanding whether there is any liability attributable to the design is important to any claim against a Professional Indemnity Policy

Facility Liability

As golf cart use increases, so does the number of accidents involving carts.

Ownership, maintenance and competency all contribute to a Liability Report on a cart accident.

Poor safety netting design, slippery steps and unsafe slopes are also examples of cases where Facilities Managers - golf clubs, lease holders and golf professionals, may face legal action and where their liability needs to be understood.

It is often necessary to complete a Safety Audit in order to understand the question of Liability.

The fee for a Liability Report can normally be off-set against the cost of a full Expert Witness Report should the matter proceed further.