Here's an item from the newswire. Let's hope no one will need to cite this ruling for a future incident:

Court Says Golfer Not Liable for Errant Shot
AP HONOLULU (May 16) - A golfer may not be held liable for mistakenly hitting another golfer with an errant golf ball, the Hawaii Supreme Court ruled.

The court unanimously upheld a lower court ruling to dismiss Ryan Yoneda's lawsuit against Andrew Tom, whose wayward ball hit Yoneda in the left eye at Mililani Golf Course in 1999.

Chief Justice Ronald Moon wrote Yoneda assumed the risk of the injury when he played golf.

It is "common knowledge that not every shot played by a golfer goes exactly where he intends it to go," the ruling said, adding there wouldn't be much "sport" in the "sport of golf," if golf balls went exactly where the player wanted.

The April 28 ruling makes clear a golfer who intentionally hits a ball to inflict injury, or recklessly hits the ball knowing that injury is highly likely, would not be exempt from liability.

The court considered whether golfers should have to shout "fore" or other warnings to protect other players. The justices concluded, however, that doing so was golf etiquette, not a requirement recognized by law.

"With the ruling that warning is like an option, that's not too good," said Yoneda, who suffered permanent vision damage. "I know what it's like to be hit and I don't want anybody to go through what I went through."

Having seen this ruling, it still doesn't exempt disc golf courses that were designed with fairways too close together, tees too close to baskets of the proceeding hole, etc.

And I still continue to see disc golf courses that interact with other park equipment, other park users, etc. These are people who are almost always unaware that our activity is present or that there is a chance for injury. They are not assuming any risk of the injury.

Just this month I visited a brand new 9-holer where the first four holes played right down the main walking path in the park. Joggers, bikers, walkers, parents with babies in strollers, etc. are all now at risk. Course designers cannot keep doing this!

While I don't think that being hit by a disc is quite as serious as being hit by a golf ball, I have to agree with Jeff for the most part.

We had to wait for more than 5 minutes at Mozola (downtown) last night because the jogging path is getting busier and busier. We've got at least 2 new courses in Houston installed (or modified) recently which have walking/jogging paths interwoven through or across fairways.

I personally think we ought to stand all of those designers down those jogging paths on a busy league night! :D It would fix that problem in a hurry!

The Hawaii decision is consistant with the law in most states on this topic. Participants in an a sport or competition usually assume the risks inherent in that activity. In most states spectators do as well, like if you get hit by a foul ball at a baseball game, or even run over by race car at a NASCAR race. This does not mean you won't get sued. It just means that if you bought the PDGA insurance your insurance defense lawyer will have a good defense if the judge calls them straight.

" if the judge calls them straight" whats that mean?

While I don't think that being hit by a disc is quite as serious as being hit by a golf ball, I have to agree with Jeff for the most part.




You have obviously never been hit by a disc golf disc. I would gladly take a golf ball at point blank range right in the Adam's apple then to get hit again in the throat with a Roc or take a chip shot with a golf ball to the eye then an upshot with a shark. Both were very unpleasant experiences.