Legal Question in Personal Injury in North Carolina

Re: Golf Course Cart Liability

Yes. The golf course company is just like a rental car company in the sense they have a duty to inspect and maintain their carts in a safe manner. I would be more than happy to discuss your options with you.

Re: Golf Course Cart Liability

Generally speaking, if the brakes failed, then there is a good chance that the golf course is liable. They have a duty to maintain their carts. You would theoretically bear the burden of proving that they were negligent, but the fact that the brakes failed would, as a practical matter, go a long way toward proving that (but you might need an expert if they disputed the issue). (You also want to start trying to preserve as much evidence as possible. E.g. asking the course to retain the physical evidence; e.g. cart and brake parts.) You of course may want to consult with a lawyer with more information.

Re: Golf Course Cart Liability

I have handled cases such as this in the past. The resort has a duty to inspect and maintain the cart. If the course personnel failed to perform that duty or did it in a negligent manner the resort may be held liable for your wife's injuries. The bigger question, I think, is possible liability of the manufacturer of the golf cart under a product liability theory. If this type of cart has a brake problem inherent in its design and manufacture there may be exposure on the manufacturer's part. If your wife was seriously injured a product liability case may be appropriate. The type of cart is very important, too. I believe that gas carts are more dangerous than electric carts for reasons too elaborate to discuss in this message. Do NOT let just any lawyer handle this for you. It takes an attorney who is an expert in such cases to be successful. Good Luck.