From Connecticut comes word of a new complaint filed by golfer Kenneth Falk against Candlewood Valley Country Club.
Mr. Falk has alleged that, while approaching his drive, which was in the rough “in plain view atop some leaves,” he was swallowed by quicksand.into which he sank “all the way up to his chest.” Although rescued and pulled to safety by other golfers, Mr. Falk claims to have suffered injuries including “fear for his life” and “mental and physical suffering.”
Mr. Falk claims a variety of unlawful acts by the golf club, including that it:
“(a) failed to warn the plaintiff of the presence of said quicksand conditions onthe fairway, either verbally or with posted signs, when they knew, or should haveknown, of the presence of said conditions;
“(b) failed to inspect the area adjoining the fairway when they knew, orshould have known, said quicksand conditions can arise on a golf course;
“( c) failed to maintain the area adjoining the fairway and caused and/orpermitted the quicksand conditions to arise;
“(d) failed to discover said quicksand conditions;
“(e) created the quicksand conditions by the manner in which it graded thelandscape surrounding the golf course;
“(f) failed to cordon off the area when it knew, or should have known, therewere quicksand conditions adjacent to the fairway.”
Perhaps the club can assert that Mr. Falk was contributorily negligent by failing to smoke his drive down the middle of the fairway into safe and secure terrain. Doubtful that will fly.
If, indeed, Mr. Falk’s allegations are supported by the facts, look for a settlement here. Being swallowed by a golf course, while not an unprecedented event (see here for our prior posting on such an event), will not play well in front of a jury.