McMahon v Dear

Personal injury – Negligence – Duty of care. Court of Session: Pronouncing decree of absolvitor in an action in which the pursuer, who was struck and blinded in the right eye by a golf ball hit by the defender during a golf tournament, sought damages, claiming the defender was negligent, the court held that the defender played his shot in the ordinary course of play, the danger of the pursuer's being hit by the shot was a risk incidental to the competition, which he accepted when undertaking the task of officiating, and the injury he sustained was not caused by an error of judgment on the defender's part that a reasonable competitor, being a reasonable man of the sporting world, would not have made.

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