Golf Isn't Supposed to Be Dangerous, Is It?
Posted by
Kevin DuffanFebruary 22, 2012 8:50 AM
Sometimes serious legal issues can arise from the most unlikely of situations. Like this news story about a man stabbed with a golf club shaft during a brawl that broke out on a golf course in Fort Worth. The fight started over whether one group of golfers could play through the group in front of them.
Sure, sports can sometimes bring out the worst in us as our competitive streak makes its appearance and emotions run high. But this golf course brawl takes it to another level.
As reported by the Star-Telegram, 48-year-old Clay Carpenter was part of the group of golfers who tried to play through a leading foursome. The result was a physical fight during which Carpenter was stabbed in the leg and suffered a punctured femoral artery and massive blood loss. Now he faces potentially losing his leg and there is an open criminal investigation into what happened.
Criminal penalties might mean the perpetrator is punished for the assault, but what about recovery for the injured victim who has certainly suffered serious physical and emotional harm? And how does that recovery work when there’s no obvious insurance at play? After all, this wasn’t a car accident where auto insurance kicks in; nor was it a trip and fall on the defendant’s property where property insurance might cover the injury. Instead, it was what is known as an intentional tort known as battery.
The good news for victims in this unimaginable situation is that recovery might still be possible, even in the absence of insurance. The lack of insurance certainly isn’t a bar to bringing a personal injury lawsuit. It just means that if the plaintiff prevails, there may be additional obstacles to actually getting paid unless, of course, the defendant happens to have deep pockets. But armed with a court order, strategies like property seizures or garnishing the defendants’ wages may become viable.
KD
About the Editors: The Shapiro, Lewis & Appleton personal injury law firm, which has offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard as pro bono services.