Updates for Chapter 4: Liability for injuries caused by other participants

These updates were last reviewed in July 2013

Updates and Amplifications

4.6.2.2 Player v Player – contributory negligence

At the original trial of Phee v Gordon and Niddry Castle Golf Club [2013] CSIH 18, the first defender was held to be 70% responsible for the injuries caused to the pursuer (claimant) when the latter was hit in the eye by a poor shot from the former, who had mistakenly over-assessed his level of skill when playing a shot before the victim had crossed the fairway. On appeal, it was held that the primary fault lay with the golf club for failing to regulate priorities at the crossing point and/or warning of the dangers of crossing the 18th fairway. Liability was reapportioned so that the player was 20% responsible and the club 80% (see also, 8.2.5.2.3)