Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 31
Gol昀椀ng injuries have more recently been considered
in the Scottish courts, probably due to Scotland
being the golfer’s paradise. In Phee v Gordon both a
golfer and the golf club were found liable for another
player’s injuries when walking from a green to a tee.
On appeal of the apportionment 昀椀nding, the club
was found 80% liable and the golfer 20% liable.
However in the later case of McMahon v Dear it was
noted that, somewhat surprisingly, the Outer House
in Phee did not cite any of the English authorities
such as Murray or Hall. In that case an o昀케cial who
was blinded by a golf ball lost his claim against the
player. The shot was played in the normal course of
play, there was no error of judgment, and the danger
of being hit was a risk incidental to the competition
which the claimant accepted.
Mr Keith Borowsky
Trauma and Orthopaedic Surgeon
specialising in Shoulder & Elbow Surgery
MBBcH (Wits), F.C.S. (Orth.), M.Med. (Orth.)
Mr Keith Borowsky is a Trauma and Orthopaedic Surgeon who has been
practising orthopaedics for over 37 years, including 33 years experience
as a consultant. Following 15 years as a Substantive Consultant at
Medway Maritime Hospital, his current main activities and positions are:
1 CONSULTANT ORTHOPAEDIC SURGEON at The Spire
Alexandra, Kent Institute of Medicine and Surgery (Kims) ,
2: DIRECTOR SUBOW LTD A company involved in research into
shoulder replacement for fracture and implants for other upper
Conclusion
Although there may be circumstances where the
organisers of a sporting event do not take reasonable
care in respect of spectators, these cases are rare,
especially as safety at sports grounds is highly
regulated. Liability of a player for an injury caused to
a spectator requires something extra to take it out of
normal play into a negligent action. Unfortunately,
injured spectators, and even unwilling spectators
such as the claimant in Lewis, must take the risk of
the game.
limb problems.
3: MEDICO- LEGAL CONSULTANT with a combination of
personal injury and negligence work. Mr Borowsky has been involved
in medico-legal reporting for over 28 years, undertaking personal
injury, road accident and medical negligence reports. He also offers
diagnostic and rehabilitation expertise on existing upper limb cases
where the prognosis and future treatment is unclear.
Contact: Keith Adrian Borowsky
Tel: 01634 662812
-
Email: kesujeca@gmail.com
Spire Alexandra Hospital
Impton Lane, Walderslade, Chatham, Kent, ME5 9PG
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EXPERT WITNESS JOURNAL
29
OCTOBER/NOVEMBER 2025
