A man is suing a golf club after a stray ball flew into his garden and hit him in the face.
Daniel Riley was sweeping his patio when the ball – which he believes came from a course next to his home – knocked him off his feet.
Daniel, 31, is taking legal action against Dukinfield Golf Club after claiming they dismissed his
complaints.
He said neighbours on Chestnut Grove, which backs on to the Tameside course’s ninth hole, are living in fear of misdirected golf balls.
Daniel, an IT worker, said parents had even banned children from playing in their back gardens amid concerns they may also be struck.
He said: “I was tidying the patio when I suddenly felt a smack to the side of my head. It was so powerful I fell to the ground and screamed in pain.
“It felt like a bullet had hit me but straight away knew it was a golf ball.
“My partner, Laura, ran out to help me.
“My eye was bloodshot and I was beginning to lose vision which was very frightening.
“I went to hospital and was X-rayed.
“They said I was suffering from severe bruising and that I could expect headaches and dizziness for up to three weeks . If I’d been turned slightly to my right it could have killed me.”
Daniel said his dad, Colin, 54, called the golf club and was told it was ‘probably just kids messing around’.
He said: “That’s ridiculous. It was a Saturday, a competition day and no children would have been allowed on the course.
“I’ve met with club officials since but they have not been very helpful, saying only that they have moved the ninth tee.”
Daniel’s home is protected by a mesh fence, but he says it is not high enough.
Samantha Labor, from Manchester law firm Pannone which is representing Daniel, believes golf clubs should take more responsibility for stray shots.
She said: “They must take reasonable precautions to protect people and if they do not, they may be liable for the
consequences of any accident.
“Mr Riley has suffered serious injury through no fault of his own and we will be looking to take legal action on his behalf.”
Daniel, a keen golfer, used the ball which hit him on his next round – but lost it.
Dukinfield Golf Club declined to comment.
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Good old Pannones! Always there to help the underdog!
Was the golf course there when he moved in?
Im sorry but this story dosnt sound right? Why would you not keep the golfball that hurt you.And to use it in a game of golf and then loose the evidence?Sorry but if a golfball had hit me i would keep it in a safe place to use it as evidence not play a round of golf with it?
Did I read the last bit of this story correctly. Did the victim actually use the evidence for his own game of golf and then lose it. What a burke!
FFFFFOOOOOUUUUURRRRRR. Not being funny here but as his house backs onto a golf course which has been there for a hundred or so years did he not expect this from time to time when he bought the property. Being a golfer I have seen and heard this many of times. If the garden or garden’s are in range from the tee ask the club to put some netting up to protect the gardens from stray balls.
Since when has a 'shiner' become a serious injury? What does the guy want to be compensated for? A pack of anadin?
There's a method of dealing with golfers in the movie Falling Down which is quite amusing.
I'd like to know who was there first; him or the golf club? I play cricket and have heard of quite a few clubs having complaints about balls being it into back gardens and possibly damaging property. This even resulted in a petition to close one down.
However, in all cases the club has been there for a lot longer than the houses, and even longer than the current residents. I belive this is the case as Chestnut Grove in on a fairly new estate. It is just a risk you have if you live near a sports ground that he must have accepted when he moved there.
Also, the onky way the netting will be able to stop every stray ball would be to build it rediculously high. If it is only a few feet then i apologise, but if it is a lot higher then I am guessing it stops practlically all the balls and Mr Riley was simply unlucky to have been there when a particularly high and errant shot was made.
I'm no golfer, but who made him live there in the first place. Just like people that moan about air traffic noise when they live near to the airport!!!
Good job it didn't hit him on the foot or he wouldn't have a leg to stand on!
I agree that the Golf Course was probably there before the houses, but I do think the club have a responsibility towards the properties and the people that live in them, what if that ball had hit a small child/baby and killed it what then? there would have been an outcry, perhaps the householders and club could get together and arrange for a higher mesh fence and pay for it between them
I think his misses hit him for not tidying up the patio correctly
That was a brilliant film, Falling Down ..... sometimes i feel exactly how the character (played by Michael Douglas) feels . classic
The first thing I thought of when reading this article was that Michael Douglas film Falling Down. A classic film
Art, Scotland
This denial and defensive attitude when people make a complaint is the reason many people seek compensation.It seems to apply in most case of negligence of every type.
IT DOES NOT MATTER who was there first, the club has a legal duty to prevent it's activities causing injury or nuisance to it's neighbours.
If the club is dismissing the complainants concerns out of hand then they deserve to be dealt with.
Must admit, I felt a little sorry for the guy when I first read that, but it all went out the window when I read he used the offendering golf ball to play a round! What a dope!
The club has put up netting in an attempt to control strya balls, If the estate is newer than the club, then it would appear that residents chose to move to the area and should accept a certain eliment of risk. If the club placed higher nets up, would the residents then claim to be living in a prison environment?
Offer him £100 for his troubles and leave it at that, if he wants to go to court, let him. We can't all live in little bubbles and be protected from everything,
Golfers should have insurance against this and similar things going wrong (hitting parked cars, buildings and hitting other golfers) and things going right (buying everyone a drink if you're lucky enough to get a hole in one).
If this was a competition day you'd expect the course to be pretty busy, if you hit a shot and it looks like it's heading for houses or a car park you pretty much hold your breath and wait for the sound of breaking glass! How come nobody heard him scream in pain, either from the tee or elsewhere on the course?
I'd imagine the course also has insurance against this kind of thing, might turn out to be cheaper to put up a higher fence than to pay higher premiums.
"Daniel Riley was sweeping his patio when the ball – which he believes came from a course next to his home – knocked him off his feet."
He can't even prove where the ball came from!!
Wonder if the ball that hit him that he went on to play golf with and lost ended up in someone else's face? Circle of life and all.
He'd get about £200 incompensation if he received such injuries as a result of an assault. Shouldn't get any more than that given it was an accident, if anything at all.
At best his "claim" is worth no more than £500.00 BUT there has got to be a SERIOUS issue on liability. Too remote in my view . Then there is CONTRIBUTORY negligence - did he just stand around and let the ball hit him - the front of his face is injured so he must have seen the ball coming towards him. Then there is THE EVIDENCE - disappeared !!!!!!!!!!!!!!!!!!!!!!!!!!!!! Pannones must be very desperate to take this case on , unless the facts have in some way been misreported
hmm, something very fishy here. He obviously had no qualms about using the golf ball, but he lost it..... is he sure he did not hit it into some elses garden. at least he is not the only rubbish player!!
would love to know how much he is suing for, bet its a considerable amount!!
Perhaps if the club had apologised and offered to look into preventing the issue happening again he might not have gone so far. Obviously he could just be after a pay out but the less cynical amongst us are left wondering whether or not it's the club's apparently uncaring and dismissive attitude that's prompted this. If that's the case then it serves them right, the involvement of Pannone does tend to smack of ambulance chaser though.
[quote name=Flying the flag]
If the estate is newer than the club, then it would appear that residents chose to move to the area and should accept a certain eliment of risk.,[/quote]
That's not true, legally or morally.
It's entirely the clubs responsibility to control their activities.
Andy, Wythenshawe (26/07/2010 at 13:53)
I believe that to be correct. Been in similar position with a cricket club and we found that despite fencing/netting etc. that you have a legal duty to houses/persons in proximity even though the houses may have been built after the club was established. A few years back I believe there was a tragedy when someone was killed/seriously injured whilst sitting in a back garden by Alty GC.
Individuals do (or should if they have sense) carry personal golf cover insurance. Again, the cost of PL insurance for clubs is prohibitive in many cases and often individuals may not be covered by the club.
As for using the ball after it had hit him (I assume he doesn't play at Ducky?!), that sounds plain daft unless it was a Pro V1 they cost a few quid so if you find one you use it!