September 6, 2007


In a recent case arising from an errant tee shot at Rancho Park Golf Course, Shin v. Ahn, the California Supreme Court opined about the benefits and risks of golf. One obvious lesson can be gleaned from the case: don't stand if front of a recreational golfer who is teeing off!

You may wonder how this case found its way into a blog about California real estate law. The case turns on the Court's extension of the legal doctrine of primary assumption of the risk. Where this doctrine is applied, the defendant must be guilty of conduct more serious than negligence -- recklessness. The doctrine is a branch of the law of premises liability and has bearing upon the liability of property owners/landlords to third persons/ tenants on their property. For example, primary assumption of the risk may apply if a worker at an apartment building is injured while he is engaged in work that is considered dangerous.

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