Earlier today, the NY Court of Appeals released a decision affirming the dismissal of a negligence case filed by Dr. Azad Anand, against his [former] golfing buddy, Dr. Anoop Kapoor, which arose out of injuries sustained from a shanked fairway shot. “A person who chooses to participate in a sport or recreational activity consents to certain risks that are inherent in and arise out of the nature of the sport generally[,] and flow from such participation.”

Despite the fact that the victim, a neuro-radiologist, suffered severe vision loss as a result of being struck with the ball, the court noted that such an incident was not atypical in the game of golf (pdf file of the court’s decision). Although the court did not say whether it factored into the decision, Anand was standing only 15 to 20 feet from Kapoor when the ball struck him, and at that close range, it’s unlikely that a verbal warning would have prevented the injury in the first place.