Topgolf hit with $15 million dollar verdict after 9 year old suffers devastating injuries. - Mark P. Loftus

Last week in Oregon, a federal jury walloped Topgolf with a $15 million dollar verdict after a child suffered devastating skull injuries after being struck with a golf club.

Topgolf first appeared on the golf scene about 20 years ago in England, offering a modern twist on the traditionally drab driving range. Topgolf facilities are part driving range, part entertainment complex, with full food and beverage menus, climate-controlled hitting bays and live music – all in a sports bar environment.

The lawsuit grew out of a November, 2021 incident at a TopGolf facility in Oregon. The nine year old child was attending a birthday party as the facility. Surveillance footage showed children from the birthday party moving about in areas designated for golfing – or “hitting areas”. Several children were seen tossing golf balls onto the driving range. The injured child then moved past a red safety line in place to keep guests clear of players swing golf clubs. As another boy prepared to hit a golf ball the child moved behind him, directly into the path of the club. The child was then struck in the forehead by the golf club.

As a result of the impact, the child suffered an open, depressed skull fracture, an orbital fracture, a traumatic brain injury and a cerebral hemorrhage. Emergency neurosurgery was required, which included the placement of three titanium plates in the child’s head. The lawsuit alleged that as as result of the injuries, the child suffers chronic headaches as well as behavioral changes.

The complaint alleged that Topgolf failed to provide the required tour and safety talk before the party. The safety talk included specific instructions to stay well behind the red line when players golfers are swinging clubs.

At trial, testimony was presented that Topgolf had been aware of similar incidents for several years. As early as 2013, a safety consultant had warned that guests were at risk of being struck by golf clubs and recommended installation of barriers – that Topgolf elected not to install. At trial, Topgolf claimed that in addition to the red warning lines, there were warning signs in place as well as recurring announcements to stay clear of the area. And Topgolf also pointed the finger at the hosts of the party, claiming they had responsibility to supervise the kids.

The jury disregarded the defense arguments and found Topgolf 97% responsible for the child’s injuries. Topgolf also faced punitive damages exposure but wisely settled that component of the plaintiff’s case after the verdict.