What shouldI do regarding a severe head injury that my daughter suffered while at a scheduled high school golf practice on a public course?

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What shouldI do regarding a severe head injury that my daughter suffered while at a scheduled high school golf practice on a public course?

My daughter is on the golf team and suffered a triple skull fracture on a public golf course while attending a scheduled school practice. She was on the practice range when she was struck on the base of the skull by someone off the first tee. There was no high school coach present on the property when the hospitalized injury occurred. Does the school, golf course, or both hold/carrythe burden of responsibility? Should I first consult with a personal injury attorney? In Harris County, TX.

Asked on January 23, 2011 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should definitely consult with a personal injury attorney. You need to be prepared that there is a good chance that neither the school or golf course is liable. That's because (1) liabilty depends on having done something wrong, such as acting in a negligent or careless fashion; and (2) courts consistently hold that being hit by a golf ball (which is what I assume happened) is a known and accepted risk of golfing. So if the course was designed reasonably and there was nothing the coach did or failed to do that would have led to the injury, then it's probably the case that neither the golf course nor the school was at fault, or legally responsible for, your daughter's injury. Only if there was some negligence or other wrong doing would there likely be liability, but it's definitely worth consultin with an attorney who can evaluate the specifics of your daughter's case with you.


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