In a recent case, one court considered whether a city could be held liable after a child was hit by a stray golf ball while he was on city-owned property. The golf course was owned by the city and managed by a private company. Next to the golf course, there were recreational areas, including a pedestrian walkway. The young plaintiff was struck in the head by a golf ball as his mother was pushing him in a stroller on the walkway.
The boy and the mother filed a claim against the city, alleging that the city failed to protect against a dangerous condition on public property by having a golf course next to a public walking area. According to the complaint, the boy was brought to the hospital and diagnosed with a brain injury. He allegedly suffered from cognitive delays, eye injuries, urinary dysfunction, significant pain, and emotional distress. The plaintiffs alleged that the city failed to protect against the known risk of golf balls hitting people outside the golf course by failing to put up adequate fences or other barriers and failing to adequately warn people of the risk.
The city filed a motion to dismiss the lawsuit, claiming it had immunity under the state’s laws. The trial court agreed and granted the city’s motion, finding it was entitled to immunity under a state statute. The law stated that a public entity is generally liable for an injury caused by a dangerous condition on its property; however, a public entity is not liable for an injury caused by the condition of a trail used for access to recreational areas that is not a public street or highway.