The Chicago attorneys at Levin & Perconti recently read an article about an Illinois lawsuit that promises to be interesting. As our blog readers know, the attorneys at Levin & Perconti specialize in Illinois injury lawsuits, so this injury ruling peaked our interest. The Chicago Tribune reported that a DuPage, Illinois County judge recently issued a ruling that an Illinois jury should consider if a golfer was negligent in a golf accident where his golf ball hit a woman who was working in her yard next to the golf course. The Illinois judge said that laws in some states say that people who purchase their homes near a golf course assume the risk of being hit by the ball. Assumption of risk is a defense in tort law which stops an injury plaintiff from being able to recover damages against a negligent party if the negligent party can show that the plaintiff voluntarily and knowingly assumed the risks at issue. However, Illinois does not have such a law in regards to homes near golf courses.
This golf accident occurred in August 2005 when a Naperville man hit a West Chicago woman on the head. The Naperville Illinois man was participating in an annual DuPage, Illinois County Republican Day. The golf injury lawsuit was filed in 2007 and alleged that the Naperville man was negligent. The injury plaintiff contends that she continues to suffer migraine headaches as a result of the golf accident. The Illinois Golf & Country Club is also a part of the golf lawsuit, which is seeking more than $50,000 in damages.
To read more about the golf injury lawsuit ruling, click here.