Charleston Golf Cart Accident Attorney
A weekend game of golf is meant to be a relaxing and calm outing. South Carolina has hundreds of beautiful golf courses, and Charleston is home to 20 Championship courses from Kiawah Island Golf Resort to Shadowmoss Plantation and Bulls Bay.
However, relaxation can quickly turn to stress after a mishap with a golf cart. Golf cart accidents are more common than you might think and can be extremely serious. If a golf cart incident injures you or a loved one in South Carolina then contact the Charleston injury lawyer, Max Sparwasser.
Proving Liability in Golf Cart Accidents
Much like a car accident, determining liability is a foundational aspect of all golf cart accident cases and claims. If you can prove that another party was responsible then you are more likely to win your case and be compensated for your injuries. A large part of liability is showing that someone was being negligent. To prove negligence, you must show someone had a duty to you, they breached that duty, and that breach of duty was the cause of your injury. If you believe that you are able to prove this, get in contact with a Charleston golf cart accident attorney. They will give you legal guidance and help evaluate your case.
South Carolina follows the comparative negligence rule which allows the court to look at all aspects of the case and adjust the compensation award according to how responsible each party was. For example, if you were 25% at fault for the golf cart accident then the court would reduce your compensation award by 25%. If you are 50% or less responsible then you are still eligible to receive some compensation.
Determining Who is Liable
Determining who the liable party is can be difficult. A variety of factors may contribute to identifying the guilty party.
The driver of the golf cart is the first party to consider. If the driver was irresponsible or distracted by something then he or she could be responsible for the incident.
There is also the possibility that drugs or alcohol were involved in the incident. If someone under the influence of alcohol or drugs caused the accident then the driver, as well as the person who served the intoxicated driver, could be responsible.
The golf cart itself could also be the issue. If a golf cart malfunction caused your injury, then the golf course could be liable for the accident. The course has a duty to properly maintain anything that the public uses. By letting someone take out a malfunctioning golf cart, the company is breaching its duty. Along with proper maintenance, the golf course also has the duty to properly and clearly warn users of the dangers that golf carts pose. The management is more likely to be liable if no one warned you about the risks.
Premises liability can be a factor in golf cart accident cases as well. The management must make sure the course is safe to a reasonable standard. If the course has an unexpected hole, a branch that has fallen on the course, or any other property issue then it could be the management’s fault. Part of premises liability also involves proving that either the management knew about the problem and did nothing to correct it or should have known about it. If the dangerous condition on the course existed for an unreasonable time without being remedied then the management is liable.
To learn more about what property managers are responsible for, talk to a Charleston premise liability attorney.
Golf Cart Accident Lawyer
The rules around golf cart accidents can be complicated and confusing. If a golf cart accident injures you or a loved one then you need an attorney with extensive knowledge of South Carolina’s golf cart accident laws. Contact the Max Sparwasser Law Firm, LLC for educated advice and strong representation.