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fsnyder

Trip and Fall

18 posts in this topic

I tripped over a post on the golf course and stubbed my finger. It swelled up but I didn't think anything of it. I did not tell the golf course. A few days later it bother me and I went to a get it x-rayed and found out it's broken and I will need surgery. Is it too late to do anything about it?

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Is it too late to do anything about it?

 

I assume you're not talking about medical treatment.

 

If you're talking about suing the golf course owner/operator, it's certainly not "too late."  Statutes of limitations are measured in years, not days.  However, do you think it's anyone's fault other than your own that you tripped and fell?  If so, please explain.  Please also identify your state.

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This part of the golf course is cart path only. Along the path are wooden posts about 18" tall and about 3-4 feet apart. They are not painted or identified in any way. I tripped on a post walking back to the cart. I live in Illinois. What would be my first course of action? Notify the golf course? My brother was with me and witnessed it.

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The point being if the posts were visible I would have known they were there and not tripped over them.

 

 

Are you trying to say that you didn't see a post that comes almost up to your knees where there are rows of these posts about 3' to 4' apart along the path?

 

Sorry, but I don't see you convincing anybody that your accident wasn't caused by your own inattention and clumsiness.

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This part of the golf course is cart path only. Along the path are wooden posts about 18" tall and about 3-4 feet apart. They are not painted or identified in any way. I tripped on a post walking back to the cart.

 

In my opinion, those posts are beyond obvious and couldn't possibly be missed by a person looking where he/she is going, and I'm confident any jury would agree.  Also, that you tripped while "walking back to the cart," which implies that you had already traversed the obstacle successfully at least one time.

 

 

 

What would be my first course of action? Notify the golf course?

 

The golf course's liability policy should have a component that will pay a small amount for medical bills resulting from an injury on the premises, regardless of legal liability, and that is probably the only chance you have of getting some payment from anyone connected with the golf course.  So, yes, go ahead and notify the course manager.  Keep in mind, though, that the course doesn't have any obligation to refer you to its insurer.

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Hey adjusterjack, they posts are less than 12" tall. Did you see the photo? Again, I started this by asking a question. I am concerned about safety and that is all....

Thanks for the feedback everyone.

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From memory it seemed about 18". I went out and measured a few and they are between 9" and 12" tall. As you can tell from the photo it looks like they have been tripped over often as very few are straight! This was my first time on this course and it happened on the first hole, #3 that had these posts.

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I looked at the photo on Dropbox. The posts are grey and the grass is bright green. The posts appear to be pieces of 4 x 4 timber. Nevertheless you say the posts are not visible. Sorry, but any claim you make against the golf course is a guaranteed loser.

If you are only concerned about safety on the course why did you describe your injuries and ask if it was too late to do anything about it? Did you mean is it too late for corrective surgery or for filing a claim?

Full disclosure: I am employed as a play manager for a country club ( since my retirement from the practice of law.)

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Along the path are wooden posts about 18" tall and about 3-4 feet apart.

 

Hey adjusterjack, they posts are less than 12" tall.

 

Keep in mind that, when "adjusterjack" posted previously, all he had to go on was the photo and your statement that they are "about 18 inches tall."  Based on the height of my own knee, "adjusterjack's" reference to the posts "com[ing] almost up to your knees" is spot on.

 

 

 

Again, I started this by asking a question.

 

A vague question, but yes.

 

 

 

As you can tell from the photo it looks like they have been tripped over often as very few are straight!

 

I agree they're not especially straight, but that doesn't imply anything about whether anyone has ever tripped over any of them at any point.

 

 

 

I am concerned about safety and that is all....

 

I'll take you at your word, but I'm skeptical because a person primarily concerned about safety would not typically post on a legal message board, describe his/her injuries, and ask if it's "too late" to do anything about it.  In any event, as I wrote previously, in my opinion, those posts are beyond obvious and couldn't possibly be missed by a person looking where he/she is going, and "adjusterjack" and "RetiredinVA" appear to agree.  If you're concerned about safety, maybe to talk to the course manager and make a suggestion or two for improving the lack of visibility you apparently perceive.

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no picture was posted

 

What photo?

 

In the second post immediately following your first response in the thread (post #6), the OP posted a DropBox link.  If you click it, it will take you to a photo.

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Hey adjusterjack, they posts are less than 12" tall. Did you see the photo? Again, I started this by asking a question. I am concerned about safety and that is all....

 

I didn't see the photo earlier but I've seen it now. A claim that somebody else's negligence caused you to trip is just not going to fly.

 

I don't think you are concerned with safety. I think you are concerned with getting money from the golf course. There's nothing unsafe about those posts and it's beyond me how anybody could trip over one of them.

 

And I'm willing to bet that the posts that are pushed over a bit aren't from being tripped over they are from being bumped by lawn mowers that got a little too close.

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It's a bit late to chime in, but seeing the thread here, I'd like to add something.

 

The presence of the hole does not automatically mean the property owner was negligent, but a skilled lawyer might be able to build a case and negotiate a good settlement. I'm not in the position to judge your motive, and I think deciding if you were indeed inconvenienced and injured due to a person's negligence is up to the court. To make your case, you must prove that the property owner created or caused the dangerous condition (the hole covered with sod) and that he/she was aware of the danger but did not repair despite having a reasonable amount of time to do so.

These things are better discussed personally with a lawyer. My answer here is for informational purposes only and should not be considered legal advice.

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1 hour ago, patrickhogan said:

The presence of the hole does not automatically mean the property owner was negligent

 

Ummm....the OP tripped over a post...located on a golf course.  As you might be aware, golf courses have "holes" that are played (18 or more).  This was not a situation in which someone tripped in a hole.

 

 

1 hour ago, patrickhogan said:

a skilled lawyer might be able to build a case and negotiate a good settlement.

 

The Drop Box link previously provided no longer works.  Had you seen the photo provided, I doubt you would think this.  The post over which the OP tripped was one of several gray posts that clearly stood out against the bright green grass of the golf course.  It's now been nearly two years, so the applicable SOL is expired or nearly expired.

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