Practice point: Even if defendant were negligent in hitting a golf ball without knowing where the other players were, or that they were close enough to require a warning, it does not rise to the level of creating a dangerous condition over and above the usual dangers inherent in the sport.
Practitioners should note that a defendant unreasonably increases the inherent risks only where the conduct is without competitive purpose and constitutes a flagrant infraction unrelated to the usual method of play.
Case: Anand v. Kapoor, NY Slip 03110 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Estates Law.
