Page 37 - GBC Summer ENG 2021

However, the New Jersey Superior Court, Appellate Division, in Maussner v. Atlantic City Country Club Inc. (1997) indicated that courts may be more inclined to decide that golf courses have a duty to provide lightning warnings and to take positive steps to enforce safety precautions designed to protect players.
In Maussner, the plaintiff and his three friends began their round of golf in drizzling rain. They had played two holes when they noticed lightning in the sky and proceeded back towards the clubhouse.
En route to the clubhouse, a bolt of lightning struck the plaintiff, causing him substantial injuries. Although the use of modern technology makes lightning more predictable, the court refrained from finding that there was an absolute duty to warn golfers due to the fact that it may be cost prohibitive to make all courses adopt particular safety procedures. However, the court did conclude that when a golf course has institut- ed safety precautions to protect golfers from lightning strikes, it owes the golfers a duty of reason- able care to implement them properly.
The court described the golf course’s duty as follows: if a course builds shelters, it must build lightning-proof shelters; if a course has an evacuation plan, the evacua- tion plan must be reasonable and must be posted; if a course uses a siren or horn system, the golfers must be able to hear it and must be advised what the signals mean; and, if a course uses a weather forecasting system, it must use one that is reasonable under the circum- stances.
Further, the court held that all golf courses have a duty to post signs detailing what, if any, safety
procedures are being utilized by the golf course to protect golfers from lightning.
The court also stated that if a golf course elects not to use any safety precautions, signs must inform golfers they play at their own risk and that no safety precau- tions are being utilized to protect them from lightning strikes.
Keeping in mind the Maussner decision, golf course owners and operators should ensure that golfers are aware of whatever safety measures are established, and that those safety measures are enforced on a consistent basis. Similarly, golf courses should post clear signage and communicate to golfers if there are no safety measures in place to protect golfers from lightning strikes.
PROTECTING YOURSELF AND YOUR GOLFERS
Golf courses across Canada have adapted a range of procedures regarding lightning strikes.
At Lookout Point Country Club, their staff on course and at the halfway house are equipped with air horns which will be sounded if lightning or severe weather is imminent. Once the horn has been sounded, golfers and staff must then take appropriate shelter. Lookout Point Country Club clearly outlines their policy within both their member and staff handbooks.
The Royal Regina Golf Club has taken the approach to inform golfers playing in severe weather conditions that no safety precau- tions, such as radar detection systems, are in place and as such, golfers on the course are playing at their own risk.
As the Canadian courts have not yet had to decide this issue, the relevant legislation and the jurisprudence from the United States can be used as guiding
factors to determine the best policy for your facility. Once you have determined your lightning strike policy, ensure it is clearly communi- cated to all staff and golfers to keep them safe and to help protect your facility from potential liability.
Golf Business Canada
Please note, this article is intended for informational purposes only and is not intended to and should not be relied upon as legal advice.
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