Clydefrog

Moral of the story: don't play a sh*t game like Golf!


Seriously though, call this guy's bluff. Threaten to go to the local paper with your story. They'd lap it up. And as for ...were told that he 'hadn't of cared if my friend had drowned, all he cared about was his buggy', well that's rubbish, can you imagine the implications for him if somone died on his course.

leeston

yep totally agree with Clyde.

First thing, were you f00king about? I never messed about on a golf buggy when I was 17. I am now 32 and the thought of it sounds brilliant I would love to have a go!!!

Anyway, if you are confident that you were not messing about then technically this guy has provided you with equipment without the necersarry training and/or insufficient infrastructure in which to use the equipment. On this basis, he must realise that there is a possible breach of his duty of care towards you and your firends.

As a result of the incident, which you allege you were totally innocent to, you sustained losses. Before you go to the papers (as this will get his back up big time) see if you can sort it out reasonably. If not, threaten to litigate and ask for his Public Liability insurer's details so that you may contact them.

Alternatively, somewhere in the club must be an Employer's Liability certificate. It maybe somewhere in the offices but if it is on general view then take the details down and see if that insurance company also provide his PL cover.

Write or telephone this company and then you will be able to pursue the claim without having to deal with Mr Golf Club Owner.

Sorry, I never asked - is this a municipal course (council) or a private course?





the ball rolling with a letter.

megatron

I'm going to be honest here, I think you should leave it be. It's not the owners fault that you and your mates decided to drive reclessly and had an accident.

Also I bet you lot were messing about on the buggies anyway.

STOP BLAMING OTHERS, would you try to sue the government because you slipped off a wet corner on a road? No - you would learn to drive/behave properly.

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leeston

megatron, I would like to agree with you here but I dont. Oh and buy the way, I defend claims for a living, i do not make them before you ask!!

In the event the guy is telling the truth and that they were not messing about, which he says they weren't and given that we are only conversing by text, then we have to go with what he says. I have asked him outright whether he was messing about and I accept that he has avoided the question.

If the guy is being honest, then why not seek to recover the cost of the damaged items. I agree I would not advocate suing the council if someone slipped off a curb but this is somewhat different, you must agree.

At this stage it does look to me that the club owners lack of care has given rise to this incident. Please explain, would it be acceptable to seek recourse if the guy had died. Or maybe that should just be ignored as well.

Go and put pressure on the club owner thats what I say.

megatron

I respect your opinion, but I don't change my mind... It could go to the extreme in that every water feature on a golf course should have 12ft walls around it and every hill a series of signs warning people about gravity... all becuause a 17 year old and his mates were ****ing about and decided to sue?

Diminished responisibility, imo there would be no problem if the dude drove the cart sensibly, perhaps a golf buggy driving lisence is on order?

But this is my personal view and I am strongly against litigation for the sake of it, it ruins the economy in many ways.

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Clydefrog

No way man, that would seriously f*ck up my handicap!

leeston

Mega - we are both looking at this from different angles. I totally agree that if they were fooking about then no way should they have any right to claim. I am against claiming for the sake of it.

However, if they are totally innocent and only Gangst knows that, then they may have a case.

You say there would be no problem IF he drove it sensibly, I am assuming he did drive it sensibly.

As for issuing a licence, then again that is something which the club owner should consider. Again, he has the duty of care to ensure Gangst's safety.

As for ruining the economy, b0ll0cks. Who told you that. If anything it is redistribution of wealth which all governments are keen on.

Also, if Gangst was to pursue a claim through a solicitor then he would be expected to take out an insurance policy (to cover him should the matter fail - ie no win no fee). Since the mid 90's the government have slapped on a small % increase on every insurance policy underwritten. That means that for every policy taken out the government get a cut. At the moment the cost of these typical policies is just smidge short of £1000.

I think therefore that the government are hoping more claims are made as they are quids in!!

megatron

very interesting mate, I had no idea - but that just makes me more angry about my taxes.

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leeston

yeah I know isnt it annoying. Next time you renew your car or house cover take a a look at the insurance tax.

As for fraudulant claims, guess where it all comes from. Yep, the same pool as our car and house insurance hense the reason why it goes up every year.

It appears to be a dog-eat-dog world. We all pay more so when we have an accident we claim. It is a never ending circle.

Nick B

Cheers for your input, however, none of us were driving wrecklessy and the crash occured when the buggy was being driven down a hill it skidded uncontrollably, because of no thought of the drivers.

Nine Pack

i think you have all missed the real issue & think I can pinpoint the underlying problem quite easily..........golf. Stop it before you develop a ponchant for ridiculous trousers.

I'll get me coat...............

leeston

lol Paul, also a waste of a good walk!!!

I could get two meals in during a round of golf (that is if I ever played it that is!!!)

leanman

I'm a keen golfer, every course that i have played that allows Golf Carts, has warning signs telling folk to NOT take Carts up or down steep incline/declines

If they had no signs i would perhaps(in this case) get a parent/someone older to callup/visit to discuss this in more detail with the owner/manager.

P.S Don't suppose he found a Titelist pro-v1 ball in the pond did he?

scott134

Leeston's covered this nicely already mate, so follow his advice and give it a go, but just to clarify, breach of health and safety regulations is a criminla matter and could lead to prosecution for the club, not a civil matter that you could sue for. but as Leeston said, the Occupiers' Liability Act 1984 is where the civil liability lies, so quote that in your letter to him. The section I've copied below sums it up nicely :


s.2:--
(2) The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.

It's also worth noting that he could not involve the police in relation to criminal damage, or try to sue your friend for the cost of repairs unless he could show somehow that you were being reckless.
good luck.

Magic Torch

I agree but bodybuilders cannot talk, i mean look at the state of some baggies you see about the place

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single and ready to mingle! xx