Happy Gilmore Swing Ruled Illegal in Canada

zz10b062e6

In Happy Gilmore, Adam Sandler (who plays the title character) uses an unorthodox golf swing in an attempt to win the Tour Championship so that he can win the money needed to save his grandmother’s home. While it may be against traditional “golf etiquette”, it is actually perfectly legal to use the “Happy Gilmore shot” on the golf course… but you might want to consider the possible civil liability involved.

The Hollywood Reporter’s law blog THR Esq. reports on a 2008 case where a man wasfound liable for injuries caused after he drunkenly used the Gilmore swing, which is described by the court as “running from five to ten feet behind the ball and hitting it on the run.” Apparently, a Supreme Court judge from Nova Scotia Canada ruled that the swing “breaches a duty of care” meaning the swing presents risks to the players that aren’t natural to the game. It is unclear if the swing would not be considered a breach of “duty of care” if the golfer had not been intoxicated.  The plaintiff was awarded $75,000 for lost earning capacity the resulted from the injury sustained for the swing.

  • rogerbusby
    Nailhead thinks this guy is a moron.
  • Goobity
    "In the case, the plaintiff sued after the defendant tried to impress his golfing buddies during a bachelor party outing that included beer, tequila, and marijuana. On the 16th hole, under the influence, Travis Hayter whipped out his "Happy Gilmore shot," which the court defined in 2008 as "running from five to ten feet behind the ball and hitting it on the run."

    The ball leapt up and struck the plaintiff in the wrist, then in the chest, causing permanent damage to the radial nerve. The plaintiff no longer was able to return to his former work as a woodsman on account of the incident."

    Isn't 'Jackass' planning a sequel? Give Travis Hayter a call.
    I didn't know being a 'woodsman' was high on the 'earning capacity' list.
    Only in Canada, eh?
  • Supreme Court judge from Nova Scotia Canada I eat little shits like you for breakfast. Happy swing approved!
  • goobity
    You eat shit for breakfast?

    ;)
  • Debunker
    Wasn't the line "I eat pieces of sh!t like you for breakfast"?
    With the retort " You eat pieces of sh!t for breakfast?"
  • chris
    i live in canada and i actually was doing the happy gilmore golf swing at a driving range and the manager of the range came out and told me to stop or i would get kicked off the property.
  • canada
    the price is wrong, bitch
  • mbellerbrock
    So stupid, make it illegal in the PGA or something, but to make it illegal for anyone in the whole country to do? What is this Canadian Supreme Court judge thinking? Ok, how about we make anything that someone could do that endangers other people in some capacity illegal. The list is so endless... anyone drunk and high is going to put other people in danger when they do stupid things. What a dumb ruling that sets the precedence for numerous other dumb ideas.
blog comments powered by Disqus