Decision of the LG München I: No liability for golf course operators after falls on wet grass
The Munich I Regional Court decided a legal dispute about the duty of care on golf courses. A golfer lost her balance after falling on the golf course and suffered a painful torn ligament. The injury resulted in her being unable to work and forced her to cancel her planned vacation.
The woman blamed the golf course operator for the incident and demanded compensation. The main point of contention was the question of whether the potentially dangerous area was adequately secured.
Golfer sues operator after fall in underpass: demand for compensation
In the fall of 2023, an accident occurred on a regular golf course: a golfer fell when her golf cart skidded on a wet grassy section on the slope of an underpass. The fall resulted in serious injuries, including a bony ligament tear and a ruptured lateral ankle ligament. The golfer was unable to work for three months, had to undergo physiotherapy treatments and cancel a planned vacation.
She then sued the operator of the golf course, demanding compensation for pain and suffering and damages. The ruling highlights the legal limits of the duty of care on golf courses.
Dispute over golf course accident: Did freshly mown grass influence the incident?
The plaintiff is demanding compensation from the operator of the golf course and argues that the increased duty of care was violated on the sloping section. She claims that freshly mown grass increased the risk of accidents, although she was unable to recognize the danger.
The operator denies both the circumstances of the accident and its responsibility. No mowing work was carried out at the accident site and employees did not find any grass residue. The operator emphasizes that grass residue and sloping sections are typical risks on a golf course. As a long-standing club member, the plaintiff should have known the area well and should have been cautious. The outcome of the proceedings remains open.
Verdict: Golf course operator not liable for golfer's fall
The Munich I Regional Court (judgment of December 10, 2024 - 13 O 7261/24) dismissed a golfer's claim for compensation for pain and suffering. The plaintiff was unable to clearly prove the course of events of the accident. While she stated that she had slipped on wet grass, the medical report reported a twisted ankle.
The court ruled that the operator of the golf course had not violated any duty of care. Golf course operators are only obliged to protect against unforeseeable dangers that go beyond the usual risks of golf. Even if grass remains had been present, these are considered to be foreseeable and recognizable risks for golfers and do not represent an extraordinary danger.
The court also found that the plaintiff bore "a large degree of contributory negligence". She had not acted with sufficient caution when driving down the slope with the golf trolley. Therefore, no claim for damages or compensation for pain and suffering was recognized.
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