Queensland court considers golfing injury claim

Injured by a golf ball by not yelling ‘fore’

The Supreme Court of Queensland has dismissed an appeal by Dr Errol Pollard, who was injured by a golf ball hit by the Respondent, John Trude, in a game of golf.

Dr Pollard alleged that he had been standing dangerously close to the ball’s trajectory and that the Respondent did not fulfil his duty of care to him by yelling out the commonplace ‘fore’ to warn him of the ball’s approach.

Instead, the Respondent had yelled out ‘watch out’ to his friend.

Not A Sufficient Warning

Dr Pollard claimed that this was not a sufficient warning for him, and had turned in the direction of the call and consequently been struck on the face by the ball and injured.

The Court contemplated whether Mr Trude could be held liable for breaching his duty of care on the basis of whether his call had been sufficient warning.

‘Watch out’ could be deemed to be on a par with the usual warning of ‘fore’

The Supreme Court stated that the possibility of the ball hitting him was an obvious risk to Dr Pollard and that, moreover, the call of ‘watch out’ could be deemed to be on a par with the usual warning of ‘fore’.

The Supreme Court held that there was no duty of care established and thereby no liability on the behalf of Mr Trude : Pollard v Trude {2008} QCA 421 (23 December 2008)

You don’t always get to win and you never know the outcome, but it costs nothing with us to assess and speak to a Personal Injury Lawyer.

 Claims Have Time Limits

✔  There is only a small window in which you can make compensation claims in Queensland

✔  Even if you think your actions may have contributed to your injury, you may still have a claim well-worth pursuing

✔  Just press the button below, there is no cost, and no obligation to review your case

Real 5 star client Google reviews

✔  Read 5 star ★★★★★ real reviews from those we have helped

✔  No fake reviews here, we just work hard for great clients who leave honest feedback.

No win no fee guaranteed

✔  You’ve nothing to lose with our no win no fee guarantee, if we don’t win, you don’t pay our professional fees

✔  Our guarantee quickly pays for all outlays and associated claim expenses.

How much compensation will I get?

✔  Our Compensation Calculator gives a basic indication how much compensation payout you may be due

✔  Simple steps to get a fast overview of all the areas that you may claim for

TPD claim lawyers Brisbane,
Gold Coast & Australia wide

As long established personal injury lawyers, we can help with Queensland motor vehicle accident claims, WorkCover compensation claims and many more claim services. We also offer Australia wide support to help you with your TPD super claim. Try our fast, free TPD compensation payout checker below.