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The news reports of a sheep killed by a wayward golf ball raise a number of interesting issues regarding liability for personal injury and subsequent compensation claims.
The animal in question was Lucky, a pet belonging to a woman in Buckinghamshire which was grazing in her garden with other animals when it was struck on the head by a wayward shot from a golfer playing on the neighbouring course.
Lucky was knocked out by the blow and later put down by a vet. No one was pulling the wool over her eyes but its owner was left to wonder about who to blame for the unfortunate incident.
She has lived next to the club in her listed cottage for a considerable time and a high wire fence between her garden and the fairways has acted as a barrier to inaccurate golfers but, over the last four years, more and more errant balls have come her way, not only upsetting her pets but causing some minor damage to the woman's property. She is also concerned that if a child had been in the garden and was hit by a ball then a serious injury could have been caused.
Since the Scots, allegedly, invented the game 500 years ago, golf has become one of the most popular sports in the world with huge sums of money at stake in major tournaments and millions of amateur golfers enjoying a round or two every weekend. In a densely-populated country like the UK, it's often not easy to find time or space to indulge in 18 holes at peak periods without queuing to go on greens.
Regular golfers are well aware of the perils of a well-struck ball and the shout of ‘fore' is not just a courtesy but an important warning of an impending white projectile. Although there are no official statistics, hundreds of people are believed to die or are hurt by stray golf balls each year.
Apparently, as with so much else in society, golfing technology has been moving on in leaps and bounds and new materials for golf clubs allow even the most ham-fisted to believe they can play as well as Tiger Woods. Balls, too, are precision-made and fly through the air like guided missiles with the official world record speed being 204mph.
Injuries to golfers can also occur from unfortunate swings of a club, slips and falls on slippery grass and over-indulgence at the 19th hole. But whether Lucky was unlucky or an accident waiting to happen through the fault of some person is a moot point which a court may need to decide.
Publicity following the sheep's death revealed that for some months before the fatal blow, planning officials at the nearest local authority to the course had been holding discussions with golf club representatives to try to prevent further problems for the neighbours, but negotiations had stalled because if the club expanded and moved its fairways away from houses this caused objections from those who want to preserve the open countryside around from development.
This stirring of rural passions in the split between those for and against the course extension has had the unfortunate effect of golfers continuing to play close to the garden where Lucky was grazing.
Although it's not known if the sheep-owner is planning to begin a damages action for compensation to recompense her for the loss of her sheep, the vet's fees and distress caused to her and her family, the question is to whom should her personal injury lawyer direct inquiries?
An expert personal injury lawyer may say there are a number of possible defendants of any legal action, principally the golfer who hit the ball and the golf club, but each could have a defence. They could argue that all precautions had been taken to avoid negligence of their responsibilities and that the incident was a complete accident.
The manufacturers of the golf club and ball which were used in the unexpected demise of the sheep probably have a better defence in that, unless their products were defective, so long as they were used in a proper manner, the sports items would be unlikely to harm anyone or anything.
There could even be an argument to blame the local authority and its officials for not making a decision to enable the golf course to move its holes away from the boundaries of neighbouring homes.
Perhaps, too, a case might be made that there was insufficient monitoring of health and safety regulations at the course to enable the residents to enjoy their expected peaceful lives and for sheep to safely graze in Buckinghamshire's green and pleasant land.
