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who is responsible for golf cart accident

by Celia McGlynn Published 3 years ago Updated 2 years ago
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Motor vehicle drivers and golf cart drivers must both obey the laws of the road. When these two vehicle types collide, the negligent party may be liable. If a golf cart operator causes a collision with a motor vehicle, then they may be liable for passengers' injuries.

Are golf cart injuries common?

At the beginning of the study period, there were about 5,490 injuries to children each year using golf carts, which rose to more than 6,500 during each of the last three study years. The greatest number of injuries happened at school or sports events. Boys were more frequently injured than girls.Oct 12, 2021

How many deaths are caused by golf carts?

Annually, 136 GC crashes occurred on average, resulting in 65 hospitalizations and death or disability of 9 persons. Of these crashes, 48% resulted in hospitalization, disability, or death per year (Table 2).

How many golf cart accidents occur annually?

It might surprise you to learn, however, just how common serious golf cart injuries have become. Each year, there are approximately 13,000 golf cart-related accidents that require emergency room visits, and that number is rising, according to data compiled by the U.S. Consumer Products Safety Commission.

Do golf carts tip over?

Golf carts are lighter weight and top-heavy; therefore, they can easily tip over when even a seemingly normal turn is taken too fast or sharp.May 25, 2018

Are golf carts safe?

The Occupational Safety and Health Administration (OSHA) reports over 130 work-related incidents resulting in citations, injuries, and death associated with golf cart use. The increased power and lack of safety regulations on golf carts are likely adding to rising rates of accidents.

When were golf carts first used?

1932
The first electric golf cart was custom-made in 1932, but did not gain widespread acceptance. In the 1930s until the 1950s the most widespread use of golf carts was for those with disabilities who could not walk far.

Why do golf carts flip easily?

The danger with golf carts is that they are usually being driven on hilly uneven surfaces, which makes them easy to flip.Jul 27, 2011

Should golf carts have seat belts?

Golf carts (when used on golf courses) are typically not equipped with seatbelts because of their need to allow passengers to enter and exit the vehicle frequently with ease. Therefore, the ANSI (American National Standards Institute) golf cart safety standard, Z130. 1, does not require seatbelts for golf carts.Apr 22, 2014

Do golf carts have brakes on all 4 wheels?

Most carts from manufacturers have two rear wheels brakes only. Yes, that is because stock carts are recreational vehicles with very slow speed. The maximum speed is about 11 mph, and the two rear brakes are enough to stop the cart.

What to do if you are involved in a golf cart accident?

If you are involved in a golf cart accident, you should first gather evidence for your case, like photos of the accident scene and the golf cart (s), witness statements, police reports, and maintenance records and rental agreements for the golf cart. Then, you should contact an experienced personal injury legal team, such as Oldham & Smith, Attorneys at Law, that can help you seek compensation for your injuries or help defend you from the claims against you. Oldham & Smith specializes in golf cart accident cases, and has a proven track record of success.

How fast can a golf cart go in Florida?

Florida law defines a golf cart as “a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes and that is not capable of exceeding speeds of 20 miles per hour.” Golf carts are becoming increasingly popular outside of their traditional athletic setting, such as in retirement communities. Their lower speed makes them seemingly more appropriate to operate alongside bicyclists and pedestrians, and their incomplete frame makes them tens of thousands of dollars less expensive than traditional automobiles. Unfortunately, the same attributes of golf carts that lead to their popularity also exacerbate the frequency of golf cart accidents, including crashes between two golf carts, crashes between a golf cart and a traditional automobile, and crashes between a golf cart and a pedestrian.

What happened in Meister v. Fisher?

Fisher, Emerald Hills Country Club had rented golf carts out to both the Meister family and Paul Fisher. Fisher’s golf cart crashed into the Meisters’ golf cart, which Mr. Meister had braked so he could get a drink of water. This collision injured Mrs. Meister, leading her and her husband to sue both Fisher and Emerald Hills Country Club for compensation for her injuries. Meister argued that the Club was vicariously liable (indirectly responsible) for Mrs. Meister’s injuries, because the golf cart was “dangerous instrumentality.” He cited a previous case that found automobiles to be dangerous instrumentality, making golf carts therefore also dangerous instrumentality. The Florida Supreme Court dismissed a counterargument that the dangerous instrumentality doctrine did not apply because the golf carts collided on a privately-owned pathway rather than a public road by reasoning that a golf cart doesn’t “somehow [cease] to be … dangerous …” the instant its driver turns it off a public road and onto a private drive. Because the court found the “dangerous instrumentality” doctrine to apply to the case, it held the Emerald Hills Country Club liable for Mrs. Meister’s injuries.

Do golf carts collide?

Golf carts’ incomplete frame and lack of airbags makes them far less crash-worthy than modern automobiles, so two golf carts colliding at twenty miles per hour may precipitate more injuries than two automobiles colliding at fifty miles per hour. When a golf cart lessee negligently runs over a golfer, who is responsible for the golfer’s injuries? In 1984, the Florida Supreme Court ruled that the blame for the injury defaults to the owner of the golf cart.

What is the liability of a golf cart?

MANUFACTURER LIABILITY. A manufacturer of a golf cart can be held liable when a defective product results in an injury. A manufacturer will be held liable regardless of whether the party was the owner or renter of the golf cart. For example, a prematurely detonating airbag, a leaky fuel line, or a flimsy roof can all cause serious injuries to users.

Why is my golf cart falling down the road?

A runaway golf cart poses additional problems: with gravity increasing the possible damage, the cart can tumble down the decline and eventually strike a crowd of people or other players.

What are the injuries that can occur from a golf cart accident?

They include: Traumatic brain injuries. Moderate brain injuries. Head injuries. Serious bone fractures resulting from being crushed by the force of the golf cart. Traumatic or serious eye injuries. Neck injuries.

What is a golf cart?

Golf carts are a convenient method of transportation on golf courses. They provide fast travel from hole to hole and are not unwieldy vehicles that are difficult to drive. However, at times, such vehicles can cause serious injuries to their drivers and passengers, either by tipping over, seriously malfunctioning, ...

What is vicarious liability?

Under the doctrine of vicarious liability, an employer can be held liable for the negligent actions of his employee. This means that an employee who was recklessly driving the cart and got into an accident can be held liable for his actions, but so can his employer.

What is a medical lien?

A medical lien allows you to seek treatment without paying any out of pocket expenses. However, after a settlement award, the costs of the treatments will be paid back to the physician, being taken out of the settlement. Complete a Free Case Evaluation form to get started now. DOWNTOWN L.A. LAW GROUP.

Do golf carts have to be maintained?

Golf carts are required to be properly maintained. When a patron rents a golf cart from the golf park, he is under the assumption that it is safe to drive and free from defects. While golf parks attempt to limit liability through waivers, many such waivers are found to be void thanks to public policies. Golf parks or country clubs that engage in the rental of golf carts are under a duty to make sure they are fit for their purpose. They are able to be held liable by both the user of the cart and any third party who is injured as a result of their failure to inspect the cart. Country clubs or golfing clubs are also responsible when they attempt to delegate the duty of maintaining golf carts to a third party who is not capable. Golf club operators are liable when they assign their duty to maintain golf carts to a person someone who is not qualified. For example, a caddy may be asked to inspect a golf cart to see if it is safe to drive; a caddy, however, is not a repairman or a mechanic. It is not in his job duties to make sure that golf carts are up to the standards of driving ability. Country clubs may ask servers, cashiers, desk workers, landscapers, and others to perform extra duties that are not in their job descriptions and for which they are not qualified. This practice can nearly guarantee liability on the behalf of the country club, as the person who inspected the carts was under no responsibility to determine their safety. His negligence can be wholly ignored.

What happens if you are on a golf cart?

Inappropriate behavior on the part of a driver could make that person accountable and liable for the accident. If you are a passenger on the golf cart, you are much less likely to be at fault. If the driver is a golf course employee, other parties could be named as liable, such as the golf course. Another issue to consider is who owns and maintains the cart itself. The owner of that golf cart could be held accountable for failing to properly maintain it or if a certain person used the golf cart and failed to report potential damage or wear and tear, they could also be held responsible. It can be hard to figure out liability issues without the support of an experienced golf cart accident lawyer.

Can you get hurt in a golf cart accident?

You might not realize that as the weather gets better your potential for being hurt in an accident on a Golf Course, near a golf course, or even in areas in which golf carts are used regularly could increase dramatically. This raises questions about liability in golf cart accidents. In the state of Florida, golf carts can often be used year around. And while many of these accidents cause minor injuries and damage, some of the worst accidents are so catastrophic that they even cause death.

Do golf carts require special training?

Golf carts require no special training and are often used by people who do not drive them regularly or on private property. This makes it really difficult to determine who is liable for a particular accident.

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