When someone is injured due to the unintentional conduct of another, the injured party may be entitled to compensation for their injuries through an Indiana personal injury lawsuit. One of the first legal questions that must be answered in these cases is what duty was owed to the injury victim. In a recent personal injury case involving a plaintiff who was injured by his golf partner while on the course, the court wrestled with this exact question.
The Facts of the Case
The plaintiff and defendant were golfing together, using a golf cart to navigate through the course. On the eighth hole, the plaintiff was seriously injured when the defendant struck the him with the golf cart. The two sides offered very different versions of what occurred.
The case was tried in front of a jury. When it came time to instruct the jury on the relevant law, the parties disagreed on the standard under which the defendant’s conduct should be viewed. The defendant claimed he could only be liable if he acted with reckless indifference, whereas the plaintiff claimed the proper standard was negligence.