If I slipped and fell on a miniature golf course, will I be able to get my medical costs covered as well as lost salary?

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If I slipped and fell on a miniature golf course, will I be able to get my medical costs covered as well as lost salary?

I reported the accident and they filed a report. I was trying to stop the ball from rolling into the pond when I fell, my back landed on a boulder and cut my elbows. Went to urgent care, had X-ray and a shot. My husband had to take half day off of work to care for our little kids. Luckily I didn’t break bones, but I suffer from stiff neck, headache, and sore back. Should I contact the miniature golf course for compensation?

Asked on September 1, 2011 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can certainly ask for compensation, but it is far from clear that the golf course would have to pay it. The golf course would be liable only if they are at fault. That typically means that they created or alloweed unsafe conditions. However, if there was nothing intrinsically unsafe about the golf course and you simply slipped or tripped, you are not entitled to compensation. Also, whenever anyone does any recreational activity, they assume  (or take) the normal risks of that activity--which on a minature golf course, could easily include that if you were to fall, you might fall on some of the minature landscaping. So unless there some unsafe condition--a broken board, a loose step, oil on the floor, etc.--it is likely you would have no cause of action or claim.


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