The Chamblee United Methodist Church Disc Golf Course is one of the most popular courses in the Atlanta area and has been called the best nine hole course in Georgia. Unfortunately, due to a legal claim against the church’s insurance policy, the course has been shut down until the situation is resolved. We talked to the parties involved and analyzed the facts as well as the legal theories at play.
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0:00 Chamblee DGC Shut Down
1:30 The Injury
2:10 Liability Insurance
4:01 Premises Liability
5:57 What Do You Thinks?
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Hello everybody it’s Chris Clark with dis golf. law one of the most popular disc golf courses in the Atlanta area has shut down unexpectedly due to a legal claim many of you followed our coverage of the mcis lawsuit last year in Florida where a man who was hit by a
Flying disc on a disc golf course during a tournament sued the course owners over his injuries that Florida course formerly known as Grand Canyon and now known as Olympus shut down temporarily last year due to the lawsuit which was ultimately thrown out of court because the plff failed to respond to requests
From the defendants in the court details about another player injury shutting down a popular course are coming to light we’ve spoken to several people involved and here’s what we’ve learned the chambley United Methodist Church dis Golf Course outside Atlanta has posted a notice that reads due to circumstances
Beyond our control the disc golf course is closed indefinitely the course was also a popular spot for field work and putting practice both of which are no longer allowed as well the course has been described as the best nine-hole course in the Atlanta area and is the
Home course for Hayden Harper who is the US girls under n World distance champion and the current reigning fj10 US Women’s disc golf champion in April of 2023 a man who was identified by several sources as Atlanta Attorney Kevin jaiv fell and broke his ankle while playing the cham course by himself paramedics
Were called to the scene and Mr jaiv was transported away in an ambulance Mr jaiv has communicated to the church or to the church’s insurer he intends to file a claim against the church’s insurance policy this situation differs from the mcis case in Florida in a few notable
Ways first as of the time of this recording no lawsuit has been filed there has only been a notice provided that an insurance claim will be filed second this happened during a casual round and not during a PDGA sanction tournament like the Florida case it also appears that Mr haviv is seeking
Recovery from the church’s insurance policy whereas there was at least speculation that the plth in the Florida case was seeking to recover from the course’s wealthy owners now as I stated this happened back in April of 2023 why did the church wait until now to close the course we were told that
Near the end of 2023 the church went to renew its liability insurance policy and found out that its premium was going to increase significantly due to to this pending claim the new increased premium was more than the church could afford or more than it was willing to pay and so
It decided it must close the course advocates for the church and for this disc golf course are angry that this claim was filed at all and are especially frustrated that the claim is still sitting out there and has not been finalized on the other hand according to Mr haviv a representative from the
Church told him the church has a liability insurance policy in place and that he should file a claim seeking recovery under the church’s policy regarding the delay in getting this resolved Mr haviv had surgery on his broken ankle and recently completed physical therapy for his injury he is
Currently waiting to learn whether a second surgery will be required in other words his treatment for the injury is still underway and therefore the full extent of of his damages are not yet known so what is the legal theory that allows people who go play a disc golf
Course to recover damages from the courses owners for an injury it involves an area of the law called premises liability like so many legal issues we discuss from time to time premises liability laws vary from state to state generally speaking Property Owners must make a reasonable effort to maintain a
Safe environment for visitors to their property I’m not going to go into a lot of detail about premises liability it is often a very fact specific area of the law but we represent a lot of course owners and course designers and we’re frequently asked to advise them on how
To avoid this type of claim a property owner must regularly inspect the property to find dangerous conditions and either repair them or put up a warning so that visitors are not injured any owner that fails to meet this Duty could be held liable for visitors injuries
That result from it at the same time a visitor has a duty to use reasonable care to keep himself or herself safe to the extent the visitor fails to use reasonable care their recovery under this premises liability Theory could be reduced or even completely barred in this case we don’t have have objective
Evidence as to the state of the course as of the time Mr haviv was injured and that likely is a relevant Factor were there dangerous conditions on the course that caused or contributed to his injury was Mr haviv himself partially or fully responsible based on the information we
Have it sounds like there were no Witnesses present at the time that he was injured so these questions may be difficult to answer so what do you think should dis golfers who are injured while playing be able to recover damages from the course owner or should dis golfers
Be aware that playing disc golf sometimes can result in injury and assume that risk themselves when they head out on the course liability insurance exists for a reason and course owners buy liability insurance for a reason isn’t the case at the chamble course the exact scenario that insurance
Is designed to address I’m curious to hear your thoughts please like comment subscribe and as always thanks for Watching
47 Comments
Personally I feel that if I fall or something and hurt myself anywhere it most likely my fault and unless it is easily seen as a problem somewhere that it would be my problem to take care of myself. Recently I tripped over a small stump of around 2 inches and fell and hurt my wrist and busted up my face and I cleaned myself up at the next hole and went home it was my fault for not watching where I was walking.
Imagine trying to sue a park because one tripped while trail running.
People who sue like this are rats
Welp we live in America where private health coverage is a serious demand. Unfortunately we have a set of morals and values that are very specific due to the nature of our country’s healthcare systems. I’d be curious how any of what golfers from the UK would have to say.
Imo liability insurance should be used for freak accidents like a limb falling on a player or an eroded hillside falling out underneath a person. Filing a claim on a non contact injury doesn’t feel right to me.
Is it possible for this guy to relinquish the claim or has the damage already been done?
Too many lawyers
Sp, because this asshole can't take responsibility for himself, the community at large must pay? What a dick.
Insurance in almost all forms is a scam. It is a money making scheme. They will happily collect a premium from you as long as you never use it, then the second they do they raise the rates astronomically so that whatever you pay is greater than what they had to pay out.
I think it's nice that chooses have insurance, but since insurance companies are starting to cost so much it needs to be put back on individuals that they have a responsibility for their own safety. If a person can't go through the course safely then they shouldn't be on the course.
Douches are gonna Douche.
Chased his own ambulance
Everyone nowadays are so quick to sue others for their own decisions.
No one wants to earn a living, they want hand outs.
Your final thought really reinforces my opinion that it's the insurance company that is to blame. Why does insurance go up when you use it? It's BS… if they just paid it like they are intended to everything would work out.
This clumsy nut-job needs to get a life. He's greedy and should be banned from every disc golf course in the world.
This is so so dumb.
Premises liability on disc golf courses is so stupid. Sure – make or have a course taht is by it’s very nature supremely dangerous and don’t provide any notice. Like a glow round with a bucket right next to a 50’ cliff. Sure – sue that guy.
But in general – you are outdoors on essentially trail like surfaces. It can be slick, uneven, undulations, muddy, loose rock, roots, etc, etc. also be on lookout for flying discs, etc.
This is just so dumb and we might as well just close every course. Please find me the state where they have no or very very little premise liability. Geez
No one wants to play Brook Run either.
The legal theory is Mr. Haviv can go F himself, and learn how to use his legs/feet.
Would requiring a waiver solve this? Something as simple as “I acknowledge this property is super dangerous and I accept all risks of being here.” I don’t want to make my guests sign a waiver, it just doesn’t set the right tone. What about a sign at the entrance indicating passing that sign is agreeing to the waiver? <sigh>
(1) As others have said, disc golfers should assume risk and be careful.
(2) However, I understand the church's concerns. Maybe the solution is $2 per round donation or a modest membership fee option for regulars. It seems to be a very popular course that people want available, so this would cover the insurance and some maintenance.
Shoot. I badly sprained an ankle back in 2008 or 2009 when my follow through had me land on a root in front of the tee pad at an A tier/NT. I never even thought of trying to hold the course owner responsible. It was unfortunate, but I chose to play the course and take the risk.
It seems like insurance these days ends up being a one and done situation. You have to have it in case something happens, and then when it does and insurance gets used, you can no longer afford the insurance for future uses
Tonya Harding that scumbag!
You take a risk every day just by leaving your house. This is another Greedy person trying to get paid. This guy should of taken up ball golf and pull this crap on a country club. More $ your Greedy pocket
"Woe to you lawyers also! For you load the people with burdens hard to bear, and you yourselves do not touch the burdens with one of your fingers. Woe to you! For you build the tombs of the prophets whom your fathers killed." Luke 11:46-48
My apologies to the little girl who currently holds the distance record and regularly practiced here. It sounds like the perfect sanctuary to hone your skills.❤God Bless.
It's sad that people abuse these laws. I've played on some pretty rough courses and still could never see myself suing the owners if I got hurt because it is typically still self caused. Even if it isn't, unless it's something completely egregious, I assumed the risk when I went out. I've rolled my ankle, I've tripped on stumps and gashed my foot through my shoe. A friend of mine tripped on a stump and went shoulder first into a tree. It's part of the game. My local course does a pretty good job of putting orange paint on stumps that are in the fairway, but it's possible one gets missed, or it wears off before another coat can be applied.
I just love that this channel exists.
Entirely depends on the course and the situation. Maybe the church is great with the upkeep 99% of the times but as they say…. That 1% always bites back.
With that said, there are certain courses that are straight up dangerous during certain situations. Try playing on a clay ground with nothing but hills after it rains.
A few bad apples are going to ruin the great thing we have going for us…
That guy is an absolute LOSER. He's lucky I don't live near there or he would definitely have another lawsuit on his hands.
This is a completely normal thing to do when someone gets injured on someone else's property. You file an insurance claim, that is expected, that is reasonable and it is the correct thing to do. If your insurance company tries to gouge you for it, then you do not do business with that insurance company any longer and you can submit a complaint to the BBB. I've personally been through both sides of this when someone was injured on our property and when my mother was injured on a public accessible farm. In both cases a claim was submitted by the injured person and when insurance attempted to raise the rates the insurance was dropped and a new and better policy was acquired. Now one thing I don't believe about this story is that they don't have the money. It's a church with a HUGE community and it doesn't pay taxes. This is 100% on the church. They closed the course by choice, it was NOT "forced" to close. That's a misleading use of words. They are blaming it on the course when this could just as easily happen to any old lady walking up the steps of their chapel. It would be the same claim, same increase, same result. So you can remove the course it won't change a thing.
Couldn't people take the same approach as South Park. Put up a disclaimer that says the course should not be played by anyone at any time, and doing so is at your own risk. That disclaimer has remained bombproof for 20+ years. I don't see why it can't be applied in these situations.
If there’s negligence, it’s an certainly issue. But players can be negligent too and we play at our own risks.
Even if the person injured didn’t file a direct claim to recover costs, it’s likely that his health insurance company will inquire about the cause/effect and location of his injury and seek to file for reimbursement against the personal injury insurance attached to the property insurance.
Its in the fucking woods! If you trip over a rock or branch, that's par for the course. I hope this ambulance chaser doesn't get a dime.
this is interesting because if you think how many DGC's there are these incidences are very low percentage wise…..however! just as DG has evolved from handshake deals to player agencies does this tell us DGC's and those who manage them need to evolve too????
Development of disc golf outside of US might be a real strategy for pdga. Instead of dealing with lawsuits which is a US thing. Until they have enough money to finance the lawyers.
In Europe there are nearly no lawsuits of this type, because lawyers don’t win over the law system in europe and it’s almost impossible to win fluky cases.
What is the deal with hiking trails and/or other sports and recreational facilities? If you get injured on a field of some sort what does that look like?
I stepped on a thorn, when should I see my compensation?
One of my local courses is overrun with ground squirrels, they make massive burrows. Even using caution when the grass is over grown, I’ve fallen in to the point where I’m sunken past my knee. You guys are telling me that if you snapped a knee or femur on a course that wasn’t maintained properly you’d just eat the cost? What if you’re in construction like I am, and you don’t get paid if you’re not working? Still no claim? Your own insurance lapsed due to mass layoffs, still no claim? If you see a lawsuit and dismiss it as frivolous, you’re dishonest, to yourself at the very least.
Insurance companies love to take your money every month but really, really hate to hold up their end of the bargain.
This lawyer is a real piece of dung.
sounds to me that guy is a complete scum bag lawyer
Oh so habib is a clumsy idiot. He happens to be a lawyer and sees a chance at a payday. Not all disc golfers are good people. Some are just assholes
Probably hates churches…
Played this course, was very impressed with the upkeep and how nice it all felt. Throw the case like one of my drives, Out!
I always say years ago people didn't sue for just anything especially getting a hangnail (if you know what I mean) people are just pieces of garbage taking advantage of the stupid loopholes and laws so they don't have to admit they are selfish and want free money to make us all pay for their stupidity
What did the little lawyer with a serious lack of talent and a broken ankle get for Christmas???!!!???