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#1 Posted : 09 August 2004 10:36:00(UTC)
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Posted By Stephen J W Clegg. Good morning all, Scenario: A child is hit with a golf ball whilst sat in her garden. The ball came from the golf course next to her home. Questions: Should there be a fence surrounding the golf course, given that it is next to a residential property? What Height should it be? I imagine the 'owner' of the golf course will be responsible for the maintenance of the grounds as a whole (including the fence, if it has a hole in it), is it EH that enforce this? Are there any HSE/EH documents that I could reference? Many thanks.
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#2 Posted : 09 August 2004 12:30:00(UTC)
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Posted By Phil Grace Stephen, I'm not aware of any HSE type guidance on this. However, there is a wealth of case law on the subject. Civil claims have been made against cricket and golf clubs for flying balls. It tends to revolve around the issue of whether the risk was foreseeable, had balls been "escaping" previously and if so how many/how often and also issues such as who was there first - the club or the housing. There is no simple answer. If you want to give me a call we can discuss further - 0207 817 6134
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#3 Posted : 09 August 2004 15:46:00(UTC)
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Posted By Merv Newman If your golf course is owned by a local authority I would be surprised if the following safety rules are not in place : 1. Hard balls are banned as they may cause injury to other players or members of the public 2. Woods and irons must be replaced by materials no harder than 25° Shore A (similar to a cotton bud) 3. Bedroom slippers must be worn to replace spiked shoes as the golfer may inadvertantly step on his own or another person's foot. 4. To avoid unescessary muscle strain golf clubs (see 2 above) must never be raised above shoulder height 5. While play is in progress all players, spectators and persons living with 500 meters of the course must wear appropriate personal protective equipment (hard hat, leather gloves, safety shoes, impact resistant eye protection and full body armour) 6. No alcohol may be served or consumed within the confines of the course. 7. I could go on all day
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#4 Posted : 10 August 2004 10:40:00(UTC)
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Posted By Joe Gray The HSE has published guidance in this area in HSG 79 Health & Safety in Golf Course Management & Maintenance. I have just completed a risk assessment for my own course and the question of public safety can be a difficult one. Do balls leave the course on one occasion a year or several times a week? Our course was built in 1893 and since then houses have been built alongside various holes. The degree of risk will vary depending on the proximity of the houses, the skill of the membership, prevailing wind and several other factors. Fences, netting, etc. may be appropriate but may raise questions of aesthetics as well as effectiveness, etc. Joe Gray
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#5 Posted : 10 August 2004 10:55:00(UTC)
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Posted By John Webster I seem to recall a case in which someone was injured by a golf ball and there was some debate as to whether the club or the individual golfer was liable. I think the shot was so wayward as to be below the standard reasonably expected of a typical club golfer. It was deemed that the club could not therefore have forseen it and the golfer was held to be personally negligent.
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#6 Posted : 10 August 2004 10:56:00(UTC)
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Posted By James Byatt Stephen, without going into the legal issues/requirements I can offer a bit of background from the perspective of a local resident. My Dad's house backs onto the 5th hole of his local course and is one in a row of large detached properties lining the fairway. All the gardens are relatively small but well used. The residents are aware of the risks, all have double glazing and in some cases re-inforced windows. There're no high fences or barriers and all suffer from the regular "pinging" of golf balls off of walls, windows, patios, lawns and decking. A few people have been hit, including my step-mother - no-one seriously (yet). Realistically, the only warning you get is the distant shout of "FORE" (if the player is aware his shot has gone astray - the tee is not in sight of the whole, or the houses). Being on a steep hill, you often get a ball land in one garden and then bounce through 3 or 4 more before coming to a stop. The general feeling is one of acceptance. My Dad gives approx. 50 balls to charity shops each year (he refuses to return them to the fairway!) and I got laughed off the estate when I sat their in my hard hat one balmy sunday afternoon. I guess they feel the pros of a nice view and free spectator-ship outweigh the cons of being shot at! Regards, James
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#7 Posted : 10 August 2004 11:50:00(UTC)
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Posted By fats van den raad Well, hows this one then??? A councill run golf course near me has several public footpaths running across the course. One, in particular, runs across the fairway just about a decent Driver distance away. I (and many others)have actually lost balls on this particular course due to them being picked up and chewed up by dogs being taken for a walk on the course. Incidents like this does nothing for goodwill between the golfers and the users of the footpaths, with the result that many a rambler had to scurry for cover as drives are directed towards them. This is a "pay and play" municipal course, so players of all abilities can be expected. Would the council be liable if someone walking their dog gets hit??
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#8 Posted : 10 August 2004 13:09:00(UTC)
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Posted By Stephen J W Clegg. To everyone that posted a helpful response... Thank you!
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