Reference no: EM132206948

Part (a)

Paul was playing golf with two friends at his local golf course in a weekend golf competition. Paul hit a drive and proceeded to walk forwards along the fairway towards where his golf ball landed. Paul was approximately 50 metres from Wayne when Wayne decided to hit his golf ball. Wayne thought it was safe to hit because Paul was near a line of trees that provided some cover. Unfortunately Paul is hit in the face by Wayne’s golf ball.

Paul is considering bringing legal proceedings against Wayne.

REQUIRED

Will Paul be successful if he brings legal proceedings against Wayne? In your answer refer to relevant sections of the Civil Liability Act 2003 (Qld) and to any relevant case law.

Part (b)  

Paul is also considering bringing legal proceedings against the Golf Club. He believes that the Club should have installed protective fencing to allow players and spectators to safely move along the side of fairways without being struck by golf balls. However the club say that they cannot be liable because they are protected by wording that appeared on the back of a scorecard.

Peter, who was playing golf with Wayne and Paul when Paul got hit, was handed a scorecard by the Golf Club. The scorecard contained the wording:

“This golf club accepts no responsibility for any loss, harm, injury or death howsoever suffered by any person that enters this golf course”

The writing on the back of the scorecard was particularly small and Paul has difficulty seeing small print. Further, Paul states that he never saw that scorecard. Although, Paul is a regular player at the course and has on numerous occasions been the player responsible for keeping score by using scorecards supplied by the Club (that contained the exact same wording on the back of the card).

REQUIRED

Does the wording on the scorecard protect the Golf Club from liability in relation to the injury Paul has sustained?

Part (c)

Worse is still to come for Paul. Paul does not seek any medical treatment for his injuries. He believes he merely has some slight concussion and a bad scar from the incident. However, after two weeks his eye sight starts to deteriorate. It turns out that there has been some permanent damage to his left eye as a result of the incident.

A specialist report from medical professionals reveals that if Paul received treatment in relation to his eye within 48 hours after the incident he may have avoided permanent damage.

Paul is furious because his weakened eyesight means that he can no longer work as a commercial airline pilot. Paul retires from his job as a pilot.

Without the income from his job, Paul is forced to sell his investment property. Paul believes that the housing market is at a 5 year low. Paul’s real estate agent told Paul that if he was able to hold onto his investment property for another 12 months he would make $50,000 more on the sale. Paul says he must sell to cover his living expenses.

Paul believes he is entitled to an order for damages resulting from the incident at the Golf Club. Paul wants to claim all his future medical expenses in relation to his left eye, plus 10 years’ worth of lost income (he was due to retire in 10 years), plus $50,000 loss resulting from the early sale of his investment property.

REQUIRED

Advise Paul regarding damages. Which amounts can Paul claim as damages resulting from the incident at the Golf Club?