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Imagine you are the attorney (or advisor) for the owner in the fact pattern below. Advise which of the following courses of action used in risk management described in your text (Retention, Treatment, Transfer and Avoidance)is best suited to the following scenario:
A golf course is owned and maintained by Company which is concerned about its liability, but wants to keep the beauty of its course as a paramount feature. The course is located in a growing town that is developing as people move there and, as is the norm, traffic around the course is becoming denser.
The course has 6 of its 18 hole either adjacent or adjacent and “perpendicular” to the streets with less than 100 yards from the middle of the fairway to the street.
Lately the club has received complaints about cars, and potentially people, being hit by errant shots. The course had been on notice of some shots leaving and erected nets along the areas most likely for shots to go out of bounds.
Lately the club has received complaints about cars, and potentially people, being hit by errant shots. The course had been on notice of some shots leaving and erected nets along the areas most likely for shots to go out of bounds.
However as equipment has changed, the shots are in different places and more are getting through. the increase in traffic and cars is escalating those numbers. The problem is that the barriers are not very attractive large nets that run along the side of the course.
What is the best risk management action to take and why? Please remember to conduct research and list your references.
Your initial substantive response should be at least 500 words. All citations must be in Bluebook format.
