Fan hit by Koepka

2,975 Views | 26 Replies | Last: 5 yr ago by JCA1
Blindside05
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https://es.pn/2y6tgMH

I didn't get to see it during action but heard about it later in the broadcast. Didn't realize it was that bad.
Harry Stone
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So she is going to sue? Who? Sounds like ambulance chasers got in her ear.
Blindside05
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Harry Stone said:

So she is going to sue? Who? Sounds like ambulance chasers got in her ear.


Saw that too.... couldn't help but roll my eyes
khaos288
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User name checks out
Aggie95
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just awful. Really feel for both parties involved.
Matsui
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I'd sue. Try to get something insurance related.
07fta07
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Harry Stone said:

So she is going to sue? Who? Sounds like ambulance chasers got in her ear.

Good luck with that.
5C
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Matsui said:

I'd sue. Try to get something insurance related.


Username checks out?
12thMan2012
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Listening to JT on a podcast it sounds like guys (at least of a certain income level I suppose) typically get the persons information and make sure they handle the medical costs they incur. But wow on this one, don't really know how it will be handled.
Deluxe
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Sounds like DJ was almost hit by Koepka on Sunday night
Tom Hagen
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Harry Stone said:

So she is going to sue? Who? Sounds like ambulance chasers got in her ear.
I bet there is a disclaimer on the back of the ticket that she bought. As good as a contract.
JCA1
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Tom Hagen said:

Harry Stone said:

So she is going to sue? Who? Sounds like ambulance chasers got in her ear.
I bet there is a disclaimer on the back of the ticket that she bought. As good as a contract.


While I guess French law could be different, if you think boilerplate terms on the back of a ticket that nobody ever reads are ironclad, I've got some bad news for you.
Marauder Blue 6
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Harry Stone said:

So she is going to sue? Who? Sounds like ambulance chasers got in her ear.
She may not necessarily sue just b//c she has an attorney. I lost an eye in an accident two years ago and we had an attorney check just to make sure there were no liability issues and he helped guide us through the insurance process as well.
Marauder Blue 6
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Deluxe said:

Sounds like DJ was almost hit by Koepka on Sunday night
I don't believe it. This would imply that Koepka displayed emotion.
The Lost
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JCA1 said:

Tom Hagen said:

Harry Stone said:

So she is going to sue? Who? Sounds like ambulance chasers got in her ear.
I bet there is a disclaimer on the back of the ticket that she bought. As good as a contract.


While I guess French law could be different, if you think boilerplate terms on the back of a ticket that nobody ever reads are ironclad, I've got some bad news for you.
True, but is I was laying on my back not paying attention in a landing zone good defense? Plus they have many on record saying fore was called. Definitely sad, but if she succeeded it could potentially change the fan experience at all events.
inozips
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Damn shame, no clue about France. Here there is an assumption of risk. This is not something out of the normal realm.

Matsui-your response is what is wrong with American society today.
JCA1
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The Lost said:

JCA1 said:

Tom Hagen said:

Harry Stone said:

So she is going to sue? Who? Sounds like ambulance chasers got in her ear.
I bet there is a disclaimer on the back of the ticket that she bought. As good as a contract.


While I guess French law could be different, if you think boilerplate terms on the back of a ticket that nobody ever reads are ironclad, I've got some bad news for you.
True, but is I was laying on my back not paying attention in a landing zone good defense? Plus they have many on record saying fore was called. Definitely sad, but if she succeeded it could potentially change the fan experience at all events.
My guess is assumption of risk is an available defense. And a jury may very well agree. My point was simply that boilerplate BS on the back of the ticket will not carry the day in any jurisdiction I'm aware of. You may be able to get the ticket in as evidence, but I doubt a jury would put much stock in it. If a jury finds assumption of risk, it will be because they conclude "hey, you're at a golf tournament, sometimes wayward shots are hit and that's the risk you run," not "hey, you were handed a ticket with microscopic terms on the back waiving all claims, and we're going to hold you to it."
aggiepaintrain
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how far down the fairway was she?

giddings_ag_06
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Getting hit at a golf tournament is the same to me as getting nailed by a line drive foul ball at a baseball game. You see it happen all the time. You know the obvious risks since guys are crushing a ball and there's no barrier between you and them. Why in the world do people think they need to sue after getting hit? Hell, if some of my friends played in tournaments all fans would be required to wear full catcher's gear at all times. I hate sue-happy societies.
cevans_40
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Matsui said:

I'd sue. Try to get something insurance related.

Duckhook
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aggiepaintrain said:

how far down the fairway was she?



It was on #6 in the opening round. That was a driveable par 4 playing about 290 that day. You could see her laying on the ground in the telecast when they had the right camera angle. She was about pin high.
Old Tom Morris
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She wouldn't get diddly-squat here except for whoever she sues deciding to play nice with a settlement to avoid the legal costs and trouble.
1208HawkTree
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I would say the only chance at winning something like this is that if he was aimed over the gallery trying to cut a corner and hit someone, then MAYBE would have something to settle out of court. Sort of like hitting a house and liability for damage. Only if the house existed before course was built or the player aimed at, and hit, property on that line off the course would they be liable.

That said, I couldn't imagine what that scene was like and what is in a player's head after that.

That said, the foul ball analogy has some legs, however, some MLB teams have recently put up nets along the field all the way past first and third bases. I bet the reason isn't "exactly" fan protection, per se. My bet is on CYA.
STX Ag
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Deluxe said:

Sounds like DJ was almost hit by Koepka on Sunday night


What happened?
Old Tom Morris
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STX Ag said:

Deluxe said:

Sounds like DJ was almost hit by Koepka on Sunday night


What happened?
They apparently nearly came to blows in the Euro party/reception room.
randy828
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Quote:

My point was simply that boilerplate BS on the back of the ticket will not carry the day in any jurisdiction I'm aware of.
Reminds me of an example our prof in business law at A&M used...those signs at parking garages that say the establishment is not liable for damage/theft of your car.

If you can prove negligence on their side, the sign doesn't mean anything.
Old Tom Morris
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My legal expertise on damage done from errant shots traces back to watching People's Court with Judge Wapner in the 80s. I remember him citing that Arnold Palmer hits bad shots, and that's not negligence so not liable.

RIP both Judge Wapner and Arnie
JCA1
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Old Tom Morris said:

My legal expertise on damage done from errant shots traces back to watching People's Court with Judge Wapner in the 80s. I remember him citing that Arnold Palmer hits bad shots, and that's not negligence so not liable.
I have it on good authority that the reason the guys always give a glove to the spectator they hit is so if a lawsuit does come later, they can use the "if the glove doesn't fit, you must acquit" defense.
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