As we approach the final phase of our exploration into New Jersey golf course liability, we shift focus to practical steps both golfers and course operators can take to minimize risks and safeguard their interests. While Parts I and II explored the legal nuances surrounding injury claims and the responsibilities of golf course operators, Part III will guide you through the crucial actions you should take if you find yourself injured on the course, as well as proactive measures golf courses can implement to reduce their exposure to litigation bogeying their business.
What Every Injured Golfer—and Their Lawyer—Should Know
To protect yourself in case of future litigation, if you are injured while playing golf, you should:
- Document everything. Make certain to report the incident to the golf course and the local police department so that a record exists. Request copies of all formal reports, as well as any waiver or golf agreement you may have signed prior to your round. Obtain the at-fault individual’s phone number, mailing address, and email. Gather all witness contact information and have formal statements taken to document their version of events in close proximity to the incident. Take notice of whether there were any surveillance cameras in or around the vicinity of the incident.
- Photograph everything. Take a photograph of the at-fault individual’s driver’s license or ID. If you were hit by a golf club, ball or cart, take a photograph of the offending item. If your incident involves a slip, trip, or fall on the course or at any other part of the facility, photograph the hazard and everything that was involved in causing your injury.Photograph any relevant deteriorating cart path, golf cart damage, unsafe tee box, walkway or staircase, pothole in the parking lot, raised tripping hazard, excavation hole on the course, structural defect, liquid accumulation, ice patch, malfunctioning golf cart part, dilapidated, blocked, or missing signage areas. If your case involves any tree or vegetation hazard, photograph the offending root system, branch, limb, or tree while also setting a physical marker or phone geographical location pin to authenticate the incident area.
If possible, take possession of and retain the involved branch or limb, or at least a part of it. Additionally, take photographs of any injuries that were allegedly caused by the incident.
- Send a Notice of Tort Claim within ninety (90) days of the incident occurring to all possibly liable or involved public entity owners or operators of the golf course.
- Seek immediate medical attention for all alleged injuries caused by the golf course incident. Communicate to all medical providers the history of the event and all complaints and injuries you have and allege were caused by it.
- Obtain legal counsel early to protect your rights and preserve your potential claim. Experienced legal counsel should determine which individuals were involved as well as the entities responsible for the ownership, management, and day-to-day operations of the golf course. Letters of representation should be sent to all of these entities.Preservation of evidence letters should also be immediately sent for all destructible items of relevance and investigation materials, including the golf ball, club, or cart at issue, incident reports, witness statements, inspection reports, identities of employees working that day, payroll records, surveillance footage, and photographs. If possible, counsel should set up an inspection of the subject incident area while it remains in its incident condition. If indicated, counsel should retain experts for early inspections and intervention. This could include an engineering, recreation, and sports consultant, certified arborist, or a weather, alcohol, security enforcement, landscaping/snow, or ice remediation expert.
If the golf course entities or their insurance companies are resistant to anything, be prepared to immediately file emergent actions and verified complaints with orders to show cause for early inspections and preservation of evidence. Similarly, if the negligence lies with an individual, early litigation may be indicated if your attempts at obtaining insurance information are Thereafter, counsel will monitor your medical care and obtain your records to confirm which injuries and resulting treatment were caused by the subject incident. If warranted, counsel should effectively pursue your claim through litigation.
What Golf Courses Should Do to Minimize Liability
To reduce the risk of litigation, golf courses—both private and public—should:
- Regularly inspect and maintain all parking lots, walkways, cart paths, clubhouses, pro shops, driving ranges, practice areas, bathrooms, locker rooms, restaurants, bars, banquet areas, and all areas on the course where it would be reasonably anticipated that golfers would walk or drive a golf cart. Ensure that all areas on the course have proper drainage, have warnings where necessary, are properly lit, and remedy all unsafe conditions, including trip and slip hazards. Have adequate safety policies and procedures and a documented inspection schedule for all pertinent areas of concern.
- Have a tree and vegetation management plan in place. Regularly inspect all tree lines and wooded areas on the course where golfers are reasonably expected to walk, especially after inclement weather events. Retain professional certified arborists to routinely inspect and remove dead or diseased trees and limbs.
- Make sure to properly install and maintain all warning signs for out-of-bounds areas, boundaries, unordinary terrain, and golf cart and motor vehicle traffic interactions, including “Stop,” “Golf Cart Crossing,” “Slow,” “Single Lane Ahead,” and speed limit signs. Routinely inspect all signs to make sure they are visible and clear of overgrown vegetation.
- If your golf course serves alcohol, maintain updated alcohol service policies, require all staff to obtain alcohol service certifications (with recertification requirements), and regularly undergo updated training and testing on the proper service of alcohol. Maintain and implement policies on tracking and documenting the drink total count for service to patrons. This should be applicable to all employees who work at golf course bars, restaurants, on-the-course food-and-beverage carts, halfway houses, snack shacks, or comfort stations where alcohol is served.
- Have a golf cart rental policy in place and an agreement that all golfers must abide by prior to renting a cart that address age and experience limitations and passenger behavior (two passengers to a cart, all drivers and passengers must be seated when he cart is in motion). Make certain that the golf carts you are renting out to patrons are in good working condition, well-maintained, regularly inspected for issues, and serviced on a consistent basis.
- If located in an area of high or increasing crime, especially if the course itself has experienced recent documented crime events (parking lot thefts, break-ins, items stolen from golf carts, assaults), then consider retaining a security firm to provide a risk assessment and proposal of safety initiatives for potential implementation.
- Develop and utilize a state-of-the-art inclement weather policy and provide notice to all players. Make certain that all employees are aware of and trained in policy enforcement. At a minimum, if no inclement-weather policy is implemented, notify players that they shall play at their own risk. Notices of any kind should be in multiple visible areas for guests and members, i.e., on their receipt, scorecards, in the locker room, pro shop, first tee box, or on the golf carts. If you have inclement weather shelters, make sure they are lightning-proof, located in accessible areas on the course, and that the players are informed of their whereabouts. If you utilize any kind of warning siren or horn, have policies regarding when it should be utilized and regularly tested. Have multiple weather-monitoring applications and devices to cross-check information and maintain documentary support of same.
Conclusion
My recent visit to the Ryder Cup offered a reminder that even the most celebrated courses illustrate golf’s inherent balance between serenity and risk. The event itself was impeccably managed, yet it underscored how every course—public or private—must navigate familiar hazards with care.
Golf’s beauty can mask real risks. Hazards on the course can quickly become hazards in court. In New Jersey, the law recognizes the sport’s inherent risks while defining when duty and liability properly attach. For attorneys, understanding that balance remains central to advising clients on both sides of the fairway.
Reprinted with permission from the December 29, 2025, edition of the New Jersey Law Journal © 2025 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.
