"Sudden Acceleration" vs "Customer Fault"... Golf Course Cart Accident, The Verdict

Cart Moves While Waiting Before Rounding, Causing Customer Injury
Conclusion of User Error Based on Vehicle Design and Witness Testimony
Golf Course Also Partially Liable for Failure to Fulfill Duty of Care

Mr. A went golfing in April 2017 with acquaintances Mr. B, Mr. C, and others at a golf course in a rural area. They split into two carts waiting at the entrance and waited for the game to start. The assigned caddie had left the seat with the cart engine running. Suddenly, the cart carrying Mr. B and Mr. C started moving abruptly, collided twice with the cart Mr. A was in, crossed over a nearby boundary stone, and crashed into a flower bed. As a result of the accident, Mr. A sprained his back, and Mr. B injured his ankle, each receiving a three-week medical diagnosis. Mr. A and his group claimed the carts experienced sudden unintended acceleration and filed a lawsuit against the golf course, demanding compensation of 5 million won each for negligence in safety duties.

According to the legal and golf industry sectors on the 15th, after more than two years of proceedings including the appeal trial, the court ordered the golf course to pay 1 million won per person, less than the amount requested by Mr. A’s group. The key issue was whether the cart malfunctioned. The court recognized evidence that the cart Mr. A’s group was riding operated through a three-step sequence involving the accelerator sensor, spring, and switch, and that if any one of these experienced a short circuit or malfunction, the electricity would be cut off to prevent moving to the next step.

The court also considered that there were no confirmed cases of sudden unintended acceleration in carts of the same type. The testimony of a caddie who witnessed the accident nearby played a decisive role. The caddie stated, "I saw Mr. C, who was sitting astride between the driver’s seat and the passenger seat, pressing the accelerator." Earlier, Mr. C also testified that while sitting in the passenger seat during the accident, he turned his body to the left to talk with the people in the back seat when the cart suddenly started moving.

Considering these circumstances, the court concluded, "This accident appears to have occurred because Mr. C, who was on the cart, accidentally pressed the accelerator pedal while turning his body toward the back seat," and "there is no evidence to suggest that the accident was caused by a defect or malfunction of the cart itself, so the plaintiff’s claim of sudden unintended acceleration is unfounded."

However, the court partially recognized the golf course’s responsibility, citing that the caddie in charge of Mr. B and Mr. C’s group left the driver’s seat with the cart engine running, failed to adequately perform safety education or exercise caution, and did not take any measures to prevent the cart from being operated due to customer negligence.

The golf course argued, "The assigned caddie did not guide or request the group to board the cart, so the accident could not have been anticipated since they boarded on their own." However, the court ruled, "Generally, customers can identify the vehicle they will ride by the golf bags loaded on the cart, and it is common for them to board in advance even without the caddie’s instructions or guidance," ordering compensation of 1 million won each.

This is not an isolated case. Cart-related accidents frequently occur at golf courses. According to the 'National Golf Course Accident Status by Type' received by Rep. Lee Hyung-seok of the Democratic Party from local governments, there were 1,751 cart accidents from 2017 to August last year. Collisions were the most common with 1,320 cases, followed by falls with 369 cases, and rollovers with 69 cases. These accidents resulted in 1,560 injuries and 3 fatalities.

This content was produced with the assistance of AI translation services.