The Pellucid Perspective - September 2013 - (Page 10)

Smilow referred to terms like “dangerous instrumentality claims”, and “negligent entrustment.” Both terms are contained in a definition of the latter on Wikipedia: Negligent entrustment is a cause of action in tort law that arises where one party (the entrustor) is held liable for negligence because they negligently provided another party (the entrustee) with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality. Smilow went on to cite irregular conditions at golf facilities that can lead to “premises liability claims,” saying that from a legal perspective, “you cannot waive unknown dangers and future negligence.” He then added one more concern – if a course offered the GolfBoard (or something similar) for rent, would the course staff be able to adequately train golfers on proper and safe use? That might be a subjective matter examined closely in a court of law. Rick Sigel added more from the insurer’s perspective. Sigel wrote, “Problems navigating slopes, including the weight of golfer, speed of unit, etc. will severely test the golf course’s liability insurance policy. In California, every time a golfer is injured after falling off the unit, the golf club’s liability policy will be put on notice.” In fact, he thinks there’d be very few if any insurance companies willing to provide general liability to a golf course renting the GolfBoard for use on the course. www.PellucidCorp.com But what if someone purchased their own GolfBoard and brought it to the course to ride while playing golf ? Sigel advises courses that might allow the owner to use the board to require them to sign a hold harmless agreement releasing the course from any first party or third party bodily injury as a result of the use of the device. Sigel went on to relate his first-hand experience with two California courses that purchased fleets of Segways, which were designed for use by golfers on a golf course. “Training included a final operating safety test and hold harmless waivers signed with every rental. Despite the safety precautions taken for safe use, there were three claims in six months. Injured parties prevailed at over $100,000 per claim. The insurance company amended the policy to exclude general liability coverage. A short time later the courses sold the units back to Segway.” Like so many other “grow the game ideas,” the GolfBoard needs to be carefully scrutinized before implementation. In this case, you are likely best served by requesting advice from your insurance and legal advisors before deploying GolfBoard on your golf course. And if that advice is similar to that provided by Messrs.’ Smilow and Sigel, remember the words of The Dude from “The Big Lebowski.” “The Dude abides.” n The Pellucid PersPecTive 9 http://www.golfswitch.com/ http://www.golfswitch.com/

Table of Contents for the Digital Edition of The Pellucid Perspective - September 2013

The Pellucid Perspective - September 2013
Contents
Golf industry supply contraction: Not if but how long?
Water “Whoas”
Pricing and Yield Management Can you discount your way to prosperity?
The Dude and Jeff Spicoli Go Golfing
PGA Junior League Golf takes a step forward in 2013
August golf weather impact: Continuing positive; better late than never
Phoenix courses not desert-ed
Sequoia Golf acquires 3 former Heritage courses in Atlanta market, leases California course
Watershed moments for U.S. golf

The Pellucid Perspective - September 2013