Golf and the law: a closer look at the primary assumption of the risk doctrine

This article is about golf and the law. The specific focus is on negligence and the primary assumption of the risk doctrine. When a golfer hits a golf ball that injures another golfer, the injured player may sue, using one or more of the following theories: 1. an intentional tort, such as assault and battery, 2. recklessness, or 3. negligence. The variety of legal issues associated with golf is surprising. Contract disputes involving hole-in-one contests, product liability claims for defectively manufactured golf clubs, and patent and trademark disagreements are typical. In PGA Tour v Martin, the US Supreme Court examined the fundamental nature of the game of golf. A cause of action for negligence is based on the idea of preventing an unreasonable risk of harm to another. Under the primary assumption of the risk doctrine, a golfer assumes the ordinary risks inherent to the game by choosing to participate. This necessarily requires a court to determine the nature of the risk that a golfer willingly assumes.