Court: Shanks Are Part Of Life On The Links
/The New York Court of Appeals throws out the personal injury suit against the guy who didn't yell "fore."
The court cited a judge's finding that Anand was not in the foreseeable zone of danger and, as a golfer, consented to the inherent risks of the sport.
"The manner in which Anand was injured -- being hit without warning by a 'shanked' shot while one searches for one's own ball -- reflects a commonly appreciated risk of golf," the judges wrote.
They also broadly outlined the test under New York case law for determining when another golfer crosses the line and could be sued.
"A person who chooses to participate in a sport or recreational activity consents to certain risks" that are inherent to that activity, the judges wrote. "However, a plaintiff 'will not be deemed to have assumed the risks of reckless or intentional conduct or concealed or unreasonably increased risks.' "