Court Rules Golf Course Liable for Damages
Both Pre-existing Condition and Equipment Failure Recognized as Causes of Death
A court has ruled that a golf course is liable for damages if a customer who suddenly collapses dies because the automated external defibrillator (AED) provided at the course fails to operate properly.
According to the legal community on October 3, Judge Park Miseon of the Changwon District Court, Civil Division 7, determined that as a sports facility operator, the golf course is required under the Sports Facilities Act to have emergency equipment such as an AED available for cardiopulmonary resuscitation to ensure user safety. The court also found that the golf course has a duty of care to maintain such equipment in a condition where it can be used safely and properly at all times.
The incident occurred in June 2023. At the time, Mr. A lost consciousness and collapsed while waiting for his turn at a golf course in South Gyeongsang Province. While his companions and a caddie performed CPR, a golf course employee reported the incident to emergency services (119) and brought the AED that was available at the golf course. However, the AED at the golf course failed to power on.
Ultimately, the emergency responders arrived 15 minutes after the call and used their AED to deliver multiple shocks and provide emergency treatment before transporting Mr. A to the hospital, but he passed away later that day.
"Negligence in Managing Emergency Equipment Constitutes a Breach of Safety Duty"...Golf Course Ordered to Pay 140 Million Won in Damages, Liability Set at 10%
The bereaved family of Mr. A believed the golf course operator was liable for damages. They filed a lawsuit against the golf course, and in March, the court ruled partially in their favor. The decision was finalized in April without appeal.
The court explained that it was reasonable to believe Mr. A's chances of survival would have increased if the AED brought by the golf course staff had functioned properly. The court therefore ordered the golf course to pay the bereaved family a total of 140 million won in damages.
Judge Park stated, "It is reasonable to see a significant causal relationship between the golf course's breach of duty of care and the death of the customer." However, she added, "Mr. A's cardiac arrest appears to have been caused by an underlying condition such as hypertension. Therefore, considering the extent to which both the pre-existing condition and the golf course's breach of duty contributed to Mr. A's death, the golf course's liability is limited to 10%."
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