General

13 Years Later, Using the ‘Happy Gilmore’ Swing Still a Bad Idea on the Course

Nov 25, 2009, 5:15 PM UTC

â†µ

â†µ
â†µEven after almost a decade and a half,

Happy Gilmore

remains notable for being the last halfway amusing comedy Adam Sandler was responsible for producing, not to mention introducing a reckless running drive for drunken duffers to try on the links.â†µâ†µYou would think after that much time to fine tune Happy’s signature swing, those who would do it would at least make sure the course was cleared in front of them before giving it a stab. Perhaps the drunkenness needed to want to do it keeps that from happening. Just hazarding a guess.â†µ

â†µâ†µLegal Watch Blog turned up a case in which the Supreme Court of Nova Scotia weighed in on a plastered fellow who ripped a shot using Happy’s technique that happened to nail another golfer on the course. â†µ

â†µ

â†µâ†µ

â†µâ†µâ‡¥All of this action was a mere warm-up to the 16th hole, however, when the defendant hit his first shot into the woods, took a mulligan second shot, and then decided to take one more shot “Happy Gilmore”-style despite the fact that the other players had moved ahead with their carts up the fairway. The court says the defendant stepped back five or six feet from the ball and then took two full steps up to strike the ball, which went off the heel of the club directly at the plaintiff. Although the plaintiff did not seek medical attention before the wedding, he later alleged “significant daily left hand and wrist pain” to the point that he “is unable to grip to hold his chain saw,” and therefore was “completely disabled from doing his work.”â†µâ†µâ†µThat’s a shame. If you live in Nova Scotia, you need your chainsaw hand to be in good working order. Not surprisingly, the court sided with the victim of the drunk guy’s antics.â†µ

â†µâ†µâ‡¥I am convinced that the “Happy Gilmore” shot would have been less controllable than a normal tee shot, both because it involved a run-up to the ball (rather than an aimed shot from a stationary position) and because the defendant had been drinking throughout the day…â†µâ‡¥â†µâ‡¥The defendant’s conduct breached the standard of care required of a golfer playing on a course with other golfers. The defendant’s behaviour was not among the “natural risks” of golfing to which the plaintiff can be said to have consented.â†µâ‡¥

â†µâ†µâ†µSo beware, future Sandler imitators. Should your errant drive strike another person, you can be found to have been exercising reckless behavior. In case that wasn’t clear before.â†µ

â†µ

This post originally appeared on the Sporting Blog. For more, see The Sporting Blog Archives.

See More: