SPECIAL FOCUS
Don't Spike Your Golf Shoe Policy
PDRMA offers policy advice and a checklist for preventing slips and
falls in the new metal-spikeless golf environment
BY DR. KEVIN MARKS
Regretfully, the potential exists forslip and fall
lawsuits alleging spikelessgolf shoes to be
"unsafe" especially when moisture
orinclined surfacesare present.
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I can still remember the surprise it gave me. It was during my weekly round of golf early last spring. It had rained the evening before. I had just hit my drive and was walking over the arched bridge approaching the 16th fairway. As I made the final few steps down the wet, plywood deck, I began to slip, and let out a "Whoa!" to warn the rest of our foursome.
Never before had that happened to me in years ofcrossing. After catching my balance, I immediately wondered: How many othersbefore us this morningexperienced the same thing?
Up to that point there had been nothing unusual with the new plastic cleats I was now wearing. Like millions of golfers, I began thetransition away from steel spiked golf shoes last year instead of waiting until the ban went into effect this yearat my home course. For more than a decade, I had done my part as a regular playerto help with "in-play aeration" of the many putting surfaces I walked on. However, like most, my home course chose smoother greens and quality of play over the aeration benefit theory. But did they know about the danger lurking on the bridge?
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Loss Prevention
A majority of golf courses nationwide have alreadyinstituted policies on outlawing metal golf spikes as
method of preventing spike damage to greens ando ther surfaces throughout their facilities. Regretfully,the potential exists for slip and fall lawsuits alleging spikeless golf shoes to be "unsafe" especially when moisture or inclined surfaces are present.
With this in mind, public golf facilities shouldinstitute a properly worded policy and related procedures, to maximize safety and minimize liability exposure arising out of this policy.
A spikeless golf shoe policy should be simple. It isrecommended that the policy include the following:
• Simply state that metals pikes are not allowed. A good sample statement is"metal spikes are prohibited throughout the property, including the golf course, practice greens, driving range,clubhouse, parking lot and the like."
• Avoid telling players what they must wear or putting anything into context like "requiring spikeless shoes." Allow them to choose among the various non-metal spike options. These options include spikeless rubber sole shoes and several types of plastic replacement cleats. Remember that spikeless alternatives may not be equal on certain surfaces. It may be a good idea for your pro shop to keep many of these options on hand
May/June 1998/ 37
SPECIAL FOCUS
from which the golfers can choose.
Understandably, a pro shop displaying
metal spike golf shoes conveys a
conflicting message to patrons.
• Increase safety awareness through flyers
and signage (see sample sign on
previous page), strategically placed at
conspicuous locations. Strategic
placement could include the practice
green, first tee, restroom facilities,
bulletin boards (which golfers typically
check for scores and other information), etc.
•Place rubber matting or runners on
surfaces prone to be more slippery after
rain, watering or spilling. This is
especially true for wood surfaces such
as on bridges and indoor areas like
bathroom floors. The laws of physics
come into play. Moisture significantly
reduces the coefficient of friction
between two surfaces such as plastic
cleats and a wet bridge deck.
• If someone should suffer injury from a
slip-and-fall and claim that spikeless
shoes were the primary cause, don't
panic. Investigate the accident as you
would normally. Note any contributing
variables, (e.g., running, jumping in or
out of golf carts, moist conditions,
intoxication, etc.). Spikeless shoes may
have given the victim a false sense of
security.
Liability
The adoption of this type of policy
should have minimum increase in liability
exposure, given available common law
defenses and statutory tort immunities. As
noted above, spikeless shoes in and of
themselves are not hazardous. Rather, a
slip and fall will generally be related to a
contributing factor such as surface
moisture.
For example, under Illinois common
law, an owner or occupier of land generally
owes no legal duty to guard, warn, or
otherwise protect persons from "natural"
accumulations of precipitation. Similarly,
under the Illinois Tort Immunity Act, the
public entity is afforded immunity for
injuries arising out of supervision acts of
discretion and/or related to weather
conditions (presuming there is no premises
defect). Even assuming a premises defect
contributed to any accident, the facility
will be afforded limited statutory immunity (willful and wanton conduct is an
exception) for injuries arising out of
property intended or permitted for
recreational use. This applies to property
not in and of itself recreational (e.g.,
restroom, parking lot, administrative
office, etc.) as well.
Summary
Now that spikeless golf shoe policies are
being enforced nationally, only time will
tell how many slip-and-fall complaints will
be registered. To reduce course liability, a
properly worded and implemented policy
is necessary. In addition, safety inspections
of surface areas for the reduction of slipand-fall hazards will further improve the
desired quality of play for golfers. By the
way, I must not have been the only one
who slipped that morning last spring; next
week I noticed plenty of rubber matting
covering the bridge deck!
KEVIN MARKS
is the information Services Manager at the Park District Risk
Management Agency in Whealon, Ill. He has a doctorate in Health
and Safety from Indiana University as well as an Associate in Risk
Management and an Associate in Automation Management.
38/Illinois Parks and Recreation
DON'T SPIKE YOUR GOLF SHOE POLICY
Slip or Trip Prevention Checklist for
Golf Facilities
˛Caution signs and safety rules posted in strategic locations (first tee).
˛Starters/rangers trained to remind golfers to be cautious on foot (steep slopes).
˛Golf cart floors and edges free of holes and other disrepair.
˛Limit/prohibit alcoholic beverages on course.
˛Alcohol servers/beverage cart operators trained to recognize intoxication.
˛Elevated tee boxes have stairs for safe access.
˛Stair steps have uniform tread and riser dimensions.
˛Walkways, stairs and bridges are unobstructed (raised areas, splinters).
˛Handrails or guardrails on bridges, stairs and elevated tees maintained.
˛Sprinkler heads and drain covers are open and obvious.
˛Holes and ruts in fairways and accessible areas of play are filled in
or smoothed.
˛Drop-offs, culverts and obstacles on steep slopes are protected with landscaping barriers.
˛Pro shop aisle space is adequate.
˛Carpeting free of gaps, holes and other irregularities.
˛Locker room and restroom floors are kept dry.
˛Warning signs positioned on floor during mopping.
˛Restaurant, patio and clubhouse areas are well lighted.
˛Slip-resistant rubber mats or runners are used in extremely slippery areas.
˛Parking lot speed bumps are in well-lighted areas or painted for illumination.
˛Sources of water pooling and flooding are identified and fixed.
˛Special precautions for night and off-season golf.
- by Kevin Marks
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Related Case Law
Burns v. Addison Golf Club, 161 Ill. App.3d
127, 514 N.E.2d 68 (2d Dist. 1987)
The plaintiff alleged that she tripped on
the exposed root of a tree growing on a
well-traveled path located between the
fourth green and the fifth tee. She alleges
that her spiked golf shoe caught against the
exposed root of the tree, causing her to fall
and injuring her foot.
Pais v. City of Pontiac, 372 Mich. 582,
127 N.W.2d 386 (MI 1964)
While wearing golf spikes, the plaintiff
slipped and fell in the cart room at the golf
course. The plaintiff alleged that the golf
course owner was negligent by (a) using an
asphalt type flooring in the cart room,
which was not safe for golfers who were
wearing spikes and (b) failing to warn that
the cart room floor was more slippery than
the clubhouse lobby.
Jones v. New Mexico School of Mines, 75
N.M. 326, 404 P.2d 289 (1965)
The plaintiff slipped on ice that was imbedded
in the grass on the fairway. It was
a steep grassy part of the fairway as one
approached the green. There was testimony
that there had been several snowstorms in
previous weeks and that the course owner
had used water to clear the snow away.
Farfour v. Mimosa Golf Club,Inc., 240
N.C. 159, 81 S.E.2d 375 (1954)
The plaintiff was injured when he stepped
into a hole containing the sprinkler controls.
Apparently the hole was somewhat
away from the cart path and not along any
route usually traveled by golfers.
Steele v. Jekyll Island. State Park Authority,
122 Ga. App. 159, 176 S.E.2d 514
(1970) In attempting to retrieve his ball
from a concrete drainage ditch, which
crossed the fairway, the plaintiff slipped,
fell and was injured. No water was in the
ditch, but it was slick on the bottom.
- compiled by Kevin Marks
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