can anybody help me with this case?
airashii_ke asked:
The Pinewood Golf Club, as part of their membership drive had an open day. Theo decided to check it out. He parked his car near the clubhouse at about 11 o’clock. He had a look around, watched some golfers hitting off, spoke to some people whom he vaguely knew, got a hamburger and a beer and left about 2pm. On his way back to the car he notices a sign which faced the clubhouse and therefore he didn’t see it on the way in. It read “Warning – Golf Ball Hazard Area”. Then to his horror he saw that his car’s passenger window had been smashed. There was a golf ball on the passenger seat with broken glass.
Tags:Broken Glass,Clubhouse,Hazard Area
The Pinewood Golf Club, as part of their membership drive had an open day. Theo decided to check it out. He parked his car near the clubhouse at about 11 o’clock. He had a look around, watched some golfers hitting off, spoke to some people whom he vaguely knew, got a hamburger and a beer and left about 2pm. On his way back to the car he notices a sign which faced the clubhouse and therefore he didn’t see it on the way in. It read “Warning – Golf Ball Hazard Area”. Then to his horror he saw that his car’s passenger window had been smashed. There was a golf ball on the passenger seat with broken glass.
Examine the legal liability of the management of the Pinewood Gold Club for the damage to Theo’s car.
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Filed under: Higher Education (University +) on June 14th, 2009
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First of all, identify the issue: the placement of the sign. Next, identify which rules to apply. Then, apply that rule (or those rules) to the law at hand.
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There is more to this issue than just a broken window and the misplacement of a sign. Should there have been parking spaces at all in such a hazardous area? What if Theo had been struck by a ball instead of just the car window? He could have suffered serious injury, or even risked death. By placing a warning sign at all, the Club admitted that there was a serious hazard. Steps should have been taken to mitigate this hazard.
The same rules exist that apply to signs warning about vicious dogs or other animals. The owners are admitting that there is a danger and they are therefore liable for damages in the case of any incident that involves the animal. If the animal(s) are that vicious, they must be controlled so as not to put human life at serious risk or jeopardy. I would expand on this point, (he could ask for damages that cover the pain and suffering cause dby the stress of having his personal safety put at risk), and than follow the above rules of legal ettiquette. Good luck!