How do I calculate pain and suffering if I was attacked by honey bees on the golf course if it was known that they were there but we were not warned about them?
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How do I calculate pain and suffering if I was attacked by honey bees on the golf course if it was known that they were there but we were not warned about them?
The GM called and started a claim with their risk management company to pay our medical and other expenses. I am allergic to bees and thank goodness I had a epi pen.
Asked on August 18, 2014 under Personal Injury, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You most likely are not actually entitled to anything:
1) First, the club is most likely not liable at all: bees are a normal occurance outdoors, especially on large landscaped areas full of various sorts of plants (i.e. a golf course), so a) they were not unreasonably careless to have not warned you; and b) you would be considered to have accepted (or "assumed") the risk of bee stings while engaging in outdoor activity on a lawn/field/course. With them having done nothing wrong, and you having accepted the normal risks of your activity, there would no liability.
2) "Pain and suffering" awards are not for short term pain or discomfort, but for long-term disability, impairment, disfigurement, etc. Assuming that your epi pen and some follow-up medical care took care of the problem and you have not suffered long-term consequences from *this* bee sting, then even IF there had been liability, there's no pain and suffering award to which you'd reasonably be entitled.
The golf course may be voluntarily paying your medical and other expenses, probably out of a combination of simple decency and for good PR or customer service, but they most likely are not obligated to pay anything; whatever you receive from them is that sense a windfall.
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