Premises liability-related injuries can come in a variety of types. People most commonly picture these types of cases as “slip and fall” or “trip and fall” scenarios, but the reality is that there’s an array of accidents that can lead to your potentially receiving compensation in a successful premises liability lawsuit. Want to know more? Contact an experienced New Orleans injury attorney to find out how the law applies to your specific circumstance.
Recently, news sources like USA Today reported on the unfortunate and graphic injury a spectator suffered at Ryder Cup golf event in France. One of the golfers hit an errant shot that veered into the gallery and struck the woman in the face. Reports described the injury as an “exploded” eyeball and indicated that doctors expected the woman to lose sight in that eye permanently.
That happened in France, but what happens if you, as a non-golfer, are injured by an errantly struck golf shot in Louisiana? Golf ball impact injuries, while they may be played for laughs in golf-themed comedy movies, can cause serious and even permanent injuries. The woman in France was potentially rendered permanently blind in one eye. Golf ball impact injuries can also cause broken bones and even traumatic brain injuries.
Can you possibly recover compensation in court for the damages that you suffered? Depending on the facts of your case, you may be able to succeed in a lawsuit. As a spectator at a golfing event, you may face a difficult path to recovery due to something called the “assumption of the risk” doctrine. Additionally, the law of premises liability in Louisiana says that you are not entitled to recovery if the hazard was open and obvious. If, however, you were merely nearby a golf course when you were injured by the mishit golf ball, you may be entitled to recover compensation.
The duty-risk analysis and how it can help you win your injury case
Louisiana law engages in a type of assessment called “duty-risk analysis.” This means that, based upon the evidence that you and the other side present to the court, the court will analyze the duty and the risk and decide if the risk involved was unreasonable. This requires the court to balance “the benefit of the thing with its potential for harm and the cost of prevention.” So, for example, say you were struck while jogging near a golf course by an errant shot from a golfer on a public course. The court will look at the benefit of the public golf course, the risk of harm from stray golf shots and the cost of preventing that problem. You might be able to win your case if you could prove that there was a high risk of injury from errant golf shots (such as giving the court proof of numerous previous incidents of problems and injuries related to stray shots) and that the cost was of installing some sort of protective barrier was low. Then that evidence might lead the court to decide that the risk was unreasonable, which could give you a successful result.
You may never be struck by a golfer’s errant shot. However, you may find yourself suffering a significant injury under an unusual or rare set of circumstances. When you do, don’t assume that, just because your accident is of an unusual type, you necessarily can’t get compensation. Consult the Cardone Law Firm to find out more about your situation. Our diligent Louisiana injury attorneys have spent many years helping our injured clients to pursue the compensation they deserve.
For your confidential consultation contact us online or phone Cardone at 504-522-3333.
More Blog Posts:
Louisiana Court of Appeal Awards Damages to Parents in High School Student’s Sidewalk Slip-and-Fall Case, Louisiana Injury Lawyers Blog, May 22, 2018
April is Youth Sports Safety Month! Protect Your Child From a Traumatic Brain Injury, Louisiana Injury Lawyers Blog, April 9, 2018