Can i file a law suit against a golf course where i fell and injured myself?

On June 24, while walking down a flight of cement steps to Hole 15 Green, I stepped in a dip in a step and fell over. I heard a pop and could not get up on my left foot. I was then rushed to the closest hospital for emergency. Later, I was found to have a Grade 3 sprain to my left ankle and was put in a temporary case. I am being told by my Ortho provider and Physical Therapist that this sprain could take a year to fully heal, leaving me to limited range of my ankle movements, not being able to exercise or run how I use to before the accident.

Asked on October 13, 2017 under Personal Injury, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You may be able to file a lawsuit--it depends on how bad the "dip in a step" was. Property owners (such as in this case, the golf course or club at which it is located) have a responsibility to not allow unreasonably dangerous conditions on their property. If the dip was so large/deep/etc. as to "unreasonably dangerous," then by allowing it to persist and not remediating or fixing it, they would have made themselves liable for any injuries caused by it. On the other hand, if the dip was slight and not "unreasonably" dangerous, they would not be liable; if you tripped, etc. on a small or almost perperceptible dip, that would not be regarded as anything wrong which they did, but rather due to your own carelessness. So whether you have a case depends on the how big or bad the dip was. Also note that this case may not be worth that much, if you can still work (so no lost income; or had been retired, so no impact on income for that reason) and have had your medical costs mostly covered by insurance and/or Medicare/caid. If all you are suing for is the inabilityt to engage in certain essentially leisure activities (exercise, jogging) for more or less a year, that would not support a very large judgment or monetary award.


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