In a 4-1 ruling, a panel of the Appellate Division, First Department decided that a trial court was correct in denying a motion for summary judgment by a golf course owner attempting to have an injury victim’s claim dismissed.
The accident reportedly occurred at an event hosted by the Andrew Glover Youth Program at The Golf Club at Mansion Ridge in Monroe, New York. The woman who was injured was riding in a cart driven by a boy who was 17 years old at the time. She alleges that he was driving the cart downhill at up to 30 miles per hour. When he attempted to make a sharp right turn, she was thrown from the cart. The woman then filed the lawsuit against the boy, the owner of the golf course (Great Expectations) and the manager of the golf course (the American Golf Corporation).
In the court ruling, the panel stated that the defendants in the case failed to provide adequate proof that the site was inspected regularly, that there had been no previous safety complaints and that there had not been any other accidents.
The one dissenting judge wrote that the driver of the cart should be held liable and not the course. He cited the case Tagle v. Jakob, stating that landowners do not have a responsibility to warn people about “open and obvious dangers.” However, with the majority of the court disagreeing, the claim against the golf course will now proceed.
If you have been injured on someone else’s property due to the property owner’s negligence, meet with a knowledgeable New York premises liability attorney at [ln::firm_name] for more information on your best options moving ahead.