Dan Kelly:
I see you asked if there was a lawyer in the house and specifically concering the issue of close green to tee proximity.
I'm no lawyer but I did do a ton of study and research for our club when we were considering what to do about our range due to age old liability and safety issues.
What I did is pull up about every known golf liability case to do with getting hit (or the danger of it) anywhere I could but mostly from the NCA in Washington that tends to track these things.
Basically we all know that anyone can sue and anyone else for practically anything but that aside a club probably just needs to be aware of the whole issue and basically just do the best they can with what I can see is out there involving case study. Failing to do the best they can under the particular circumstances they may have a problem, which would probably include all desision makers (architects included).
I'm certain, no matter what I say here there'll be a few architects that will post on here about what I say and disagree with me, but I expect that and it's defiinitely their right and certainly an ongoing concern of theirs.
But basically the law has tended to look at intent and also negligence factors in most of their rulings that will constitute liability. Failing some kind of evidence of those things they seem to just let the cases go. I came away from all the research with a few basic guidelines. First, case law has changed quite a bit in the last number of years to include more often these days not just the hitter as libelous most of the time and now can include others, certainly architects and related descision makers and also the golf clubs themselves.
But the thing that seems to be quite overriding is that the law looks and golf and this kind of problem as very much a situation of never being able to create a perfectly safe world. In other words there are situations where people are going to get hit regardless and that's just the way it's been and the way it is. But certainly we do live in a more litigious world than ever before so lawyers will keep trying new and clever tactics and avenues and that has shown itself in recent case law and will continue to do so, I'm sure.
One notable case was the par 3 at, I think, Essex C.C in Mass where the club was ordered to redesign the hole or tee somewhat because a recent purchaser of a contiguous house claimed he was at the other end of a firing range and nobody had informed him of that in the sale. I think the realtor got sued too!
For us and our range safety and liability concerns we tended to cite the examples of Merion, for some reason, as examples of a number of inherently unsafe and libelous hole and road situations but the point is that's the way it's always been and our lawyer concluded that their club had managed to do the best they could with a bad situation and that's the way a judge would look at it. In other words a judge would not make the club close a hole if they have no options for it or do something that would be clearly detrimental to the golf course.
The point I guess is if all parties are doing the very best they can then that should be enough regardless if some unsafe or potentially libelous situation may remain. So I guess it sort of falls into the realm of the possible or even the practical to a large degree!
Not to diverge but this would satisfy me if I were building a course or trying to resolve a safety and liability concern. If I was building a golf course I would like to find an architect who would be willing to meld green chipping areas and tees as closely as Gil Hanse did at Applebrook. But if an architect resisted that I'm not sure if I'd go along or find a new architect who would do what Gil did.
The fact is that golfers can do the damnedest things with golf balls even in the face of the most extraordinary planning and I think the law tends to recognize that as a given and not libelous generally!
We also have a public road tight along the rightside of our first hole that's a safety issue and that was another issue the club asked us to resolve in our latest restoration plan.
Somewhat oddly to some, the formula that most architects seem to use for a problem like our first hole is to actually move the tees closer to the problem area which creates a wider angle for the golfer to play away from the problem area--the road on the right in our case.
Of course I had an engineer member of our club draw me a bunch of schematic trying to prove to me that this is not a solution for geometric reasons or whatever but what are you going to do? Many people even highly intelligent ones seem to see the same situation in different ways even if that means rewriting the truths of geometry, but again it's a matter to me of golfers being able to do the damnedest things with golf balls sometimes and the way the law thankfully seems to view that.
If, you don't mind, I'll relate a story about the damnedest thing I ever saw with a golf ball. I may have posted this on here a long time ago, can't remember as I've been on golfclubatlas a long time now.
My Dad and I were hitting balls on the range at Gulf Stream G.C in Delray a number of years ago and between us was this old guy who was a bigtime muckamuck who was possibly the worst golfer I've ever laid eyes on. I was in front of him and my Dad was behind him. He would swing and miss it, he would top it, hit it fat, slam down on it and the balls were going in directions that would almost seem to defy physics!
So my Dad gave me a wink and motioned for me to move back a few steps and get out of right angles from this guy as unbelievably a few of his shots almost hit me. So I did and after more chunking and slashing I hear an aaaargh, uunnhh, and I turn around and this guy is on the ground in a fetal postion with my Dad just about over him.
I thought for a moment that the man had a heart attack but as it turned out he's actually hit himself hard in the nuts with a golf ball.
My Dad finally stood the guy up and he actually went back to slashing and chunking. And my Dad siddles over to me and says; "Tommy, I'm an old guy and you know how much golf I've seen and played all over the world but what just happened there takes the cake from anything I've seen before."
Apparently Dad was so amazed at how bad this guy was he was standing behind him watching him and when he hit himself hard in the nuts Dad sprung to the rescue and actually the guy told Dad to help him up more from embarrasment then lack of concern about the pain!
Dad could absolutely not believe that it could be within the realm of physics for this guy to do what he had done to himself but he said; "I was standing there watching him and I saw it with my own eyes!"
So the point is Dan, that we can only do the best we can regarding liability and thankfully the judges of the land probably look at it that way too cuz they know that anything might be possible with a golfer and a ball no matter what you do to try to prevent it.
I would assume we might have a high degree of safety if we were sitting on a toilet inside a toilet stall but I know somehow, one of these days, somebody will probably get hit by a ball in there too!
If that ever happens and went to court, whoa, that would be a court transcript I would just love to read!