A golfer who lost an eye sued after being struck by an errant shot. the New York State Court of Appeals says not yelling "fore" wasn't reckless act. The highest court in New York held: "Here, Kapoor's failure to warn of his intent to strike the ball did not amount to intentional or reckless conduct, and did not unreasonably increase the risks inherent in golf to which Anand consented. Rather, the manner in which Anand was injured -- being hit without warning by a "shanked" shot while one searches for one's own ball -- reflects a commonly appreciated risk of golf" To read the entire opinion (it is very short) click on: Azad Anand, et al., Appellants, v. Anoop Kapoor.
The bottom-line for the Court was that there are certain inherent risks when one chooses to participate in a sporting activity and by that participation consents to these risks. Absent a finding of reckless or intentional conduct on the part of the defendant there can be no liability.
Sometimes bad things happen to good people and there is no one to blame.
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