Assumption of the Risk & Golf – Possible Exam Hypo

Here’s a possible exam hypo:  Golfer hits a poor shot from the rough and the ball hits his partner, who is standing off to the side out of the intended line of flight, in the head.  Can the injured golfer sue for negligence?   A New York trial court ruled “no” holding that the injured golfer assumed the risk, and the appellate court affirmed holding that the injured golfer was not in the “foreseeable zone of danger.”  The New York Court of Appeals will hear oral arguments today. 

More from the Wall Street Journal Law Blog.

– SBS