On Sunday, August 17, a golfer at a Florham Park course was struck by lightning during a sudden summer storm. Police arrived to find bystanders performing CPR before the victim was transported to a nearby hospital and placed in critical condition. This incident occurred less than a month after another golfer in Hardyston, NJ, tragically lost his life when lightning struck while on the course.
These back-to-back incidents have raised questions about whether golf courses are doing enough to uphold their duty of care and to keep players safe when severe weather approaches. For many, a golf course feels like a controlled environment where safety procedures are in place. When those systems fail or warnings are not given, the consequences can be devastating.
The Duty of Care for Golf Courses in New Jersey
Under New Jersey law, golf courses owe a duty of care to their players and guests. This means taking reasonable steps to protect against known or foreseeable dangers.
Lightning is not a new hazard; it’s a well-documented risk on golf courses because of wide-open spaces, tall trees, water features, and the use of metal equipment. In fact, the odds of generally being struck by lightning are 1:700,000, and the odds of getting stuck on a golf course are 1:3,000, making this a very serious and dangerous risk.
When a course chooses to implement safety systems such as lightning detection, warning sirens, or evacuation policies, it must use them consistently and correctly. Courts have held that once a safety protocol is adopted, players are entitled to rely on it. Ignoring or misusing these systems can amount to negligence. Ultimately, golfers trust that when they step onto the course, management has taken proper precautions to reduce risks. Failing to meet that standard can lead to preventable tragedies.
The duty of care extends beyond simply installing technology or hanging a sign. It requires active monitoring of weather conditions, effective communication with players, and a commitment to protecting people from preventable harm. In the Florham Park case, a golfer reportedly approached staff members to warn about the incoming storm and inquired if it was still safe to play. The response from the employee was “It’s not my problem.” In New Jersey, this duty of care includes more than simply having precautions in place; it requires active attention to safety.
Safety Measures Golf Courses Should Take
A golf course’s duty of care goes far beyond the weather. Courses must ensure that every part of their property and operations is reasonably safe for guests. Negligence can occur in many different areas, from storms to maintenance to daily operations.
Some of the most important areas where golf courses owe a duty of care include:
- Weather Monitoring and Alerts – Reliable radar or lightning-detection systems, with clear protocols to suspend play and evacuate golfers when storms approach.
- Evacuation Procedures – Audible sirens or horns, safe shelters that provide true lightning protection, and clear evacuation routes.
- Golf Cart Safety – Proper maintenance of golf carts, functioning brakes and steering, safe charging and fueling practices, and enforcement of cart operation rules.
- Course Maintenance – Regular inspection and upkeep of walkways, bridges, steps, and landscaping to prevent trip-and-fall hazards.
- Water Hazards and Ponds – Fencing, signage, and reasonable barriers where needed to prevent accidental falls or drowning risks.
- Equipment and Rental Safety – Clubs, carts, and other equipment provided to players must be safe and properly maintained.
- Alcohol Service – If alcohol is sold, staff must follow responsible service practices to avoid overserving players who may then drive or operate carts unsafely.
- Staff Training and Oversight – Employees must be trained to respond appropriately to emergencies, weather risks, and player concerns.
Golf courses are meant to provide recreation and enjoyment, but that enjoyment comes with a duty of care. When a course neglects its responsibility to the duty of care, serious injuries and even deaths can be the result. These are not extraordinary precautions but reasonable steps that a facility open to the public is expected to take.
Legal Complexities with Public Courses
In New Jersey, many golf facilities are owned by counties or municipalities but managed by private operators. The Florham Park course, where Sunday’s lightning strike occurred, for example, is part of the Morris County Park Commission system. When an incident happens on public property, strict rules under the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 to 12-3) apply. Victims or their families typically have only 90 days to file a Notice of Claim. Missing this deadline can reduce the amount of compensation you can receive for your damages and losses, with very limited exceptions. For this reason, it is critical to act quickly when injured on a publicly owned course.
How an Experienced New Jersey Personal Injury Attorney Will Help
Although no amount of money can undo the tragedy of a lightning strike, a good lawyer can help obtain compensation to ease the situation.
The attorneys at Davis, Saperstein & Salomon, P.C. in Teaneck have helped more than 35,000 families recover over $1 billion in verdicts and settlements for clients and families affected by others’ negligence.
We have successfully handled cases involving golf course negligence, including:
- $925,000 settlement – Man injured at a golf center
- $687,500 settlement – Trip-and-fall at a golf facility
Founding Partner Marc C. Saperstein, Esq., has extensive experience with recreational facility injury cases, including those involving weather safety, staff negligence, and failure to warn. Over his 44 years as a New Jersey Certified Civil Trial Attorney and New York trial lawyer, Marc C. Saperstein, Esq., has helped thousands of accident victims win settlements or verdicts in complex truck and bus accident litigation, construction site injuries, product liability cases, and diet drug litigation. During his career, Marc C. Saperstein, Esq., successfully settled over fifty cases in excess of one million dollars on behalf of his clients and their families.
He is a past president of the New Jersey Association for Justice, formerly known as the Association of Trial Lawyers of America – NJ. For the past 18 years, he has served as Co-Chair and founder of the annual New Jersey Association for Justice’s Meadowlands Seminar, one of New Jersey’s largest gatherings of injury lawyers, drawing over eight hundred attorneys each year.
In 2022, he was awarded the Gold Medal for Distinguished Service by the New Jersey Association for Justice (NJAJ). He has also been awarded an AV Preeminent rating from Martindale-Hubbell, which is the highest rating for a practicing lawyer based upon peer review endorsement. He has been selected as a New Jersey SuperLawyer by Thompson Reuters for the past 15 consecutive years.
Our team knows how to investigate these cases, preserve evidence, and hold negligent parties accountable. Having an advocate to handle the legal process allows families to focus on healing while we fight for justice.
Call Davis, Saperstein & Salomon, P.C. Today!
If you or someone you love has been injured on a golf course in New Jersey, an experienced personal injury lawyer can make all the difference. From preserving data and safety records to meeting strict legal deadlines to working with experts in meteorology and safety standards, legal guidance is critical in securing fair compensation.
Our skilled attorneys at Davis, Saperstein & Salomon, P.C., will ensure that no detail is overlooked and that every responsible party is held accountable. Our firm has been helping those injured by negligence stand up for their rights for over 40 years. We are here to provide compassionate, skilled legal representation to ensure you receive compensation for your losses. Clients seeking experienced personal injury lawyers in Teaneck, NJ, or the surrounding Bergen County area can contact Davis, Saperstein & Salomon, P.C. at 1-800-LAW-2000 or via email at info@dsslaw.com. Our firm offers free, no-obligation, consultations and second opinions and has offices throughout New Jersey and New York City.
For Rating Methodology See:
SuperLawyers – Selection process – Super Lawyers
Top 100 Trial – Lawyers Contact Us – The National Trial Lawyers
NJAJ Board Membership – About New Jersey Association for Justice
Martindale Hubbell – AV Peer Review Ratings & Client Review Awards | Martindale-Hubbell®
Certified Civil Trial Atty – courtcaddy.com/nj/court-rules/r1-39.html
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Since 1981, the compassionate personal injury lawyers at Davis, Saperstein & Salomon have been delivering results for our deserving clients. We are solely committed to helping injured individuals, never representing corporations. No matter how large or small your personal injury case is, you can trust that it is important to us.
