Golfers' Tort Liability - A Critique of an Emerging Standard

Lazaroff, Daniel E.

Journal: UC Law SF Communications and Entertainment Journal

Volume: 24

First Page: 317

Year: 2002

Bluebook Citation: 24 HASTINGS COMM. & ENT. L.J. 317 (2002)

Author: Daniel E. Lazaroff: all 8 publications


Abstract

This article argues that the recklessness standard applied by most contemporary courts to tort claims initiated by one sports participant against a co-participant is inappropriate in the context of golf. Rather, Professor Lazaroff asserts that golf is an activity in which a negligence standard should apply and that this lower threshold for liability can be utilized without chilling participation or altering the inherent nature of the sport. In sum, the recklessness standard generally used for more active or contact sports is unnecessary in the more passive and genteel setting of golf competition.

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