"The right to swing my fist ends where the other man's nose begins." Oliver Wendell Holmes

The above quote can also be applied to sports and recreation if you substitute golf club, bat or racquet with “fist”. However, the problem with golf, baseball, tennis and other sports is probably more with lack of attention than what Justice Homes is referring to, which is most likely the intentional swinging of fists rather than with the above mentioned sports….unless you’re talking about hockey. An example of a court case involving a golf club swing is Hemady v. Long Beach Unified School District, et al., 49 Cal. Rptr.3d 464, 143 Cal.App.4th 566 (2006). In this case, Jane Hemady, a twelve year old student, filed a lawsuit against the Long Beach Unified School District, after she was hit in the face with a golf club that was swung by another student while she was taking a golf class for seventh grade physical education.

According to the teacher of the class, Mr. Feely, he devised a system for the 54 students in the class to hit waffle balls with golf clubs. The children were broken up into 11 groups and would hit the balls on whistle commands, while other students would wait in a designated area that was 10 feet behind the students that were hitting the balls. The plaintiff took the position that the class was unorganized and students were making their own decisions as to when to hit the balls. The plaintiff was injured when she stepped forward when a student appeared to be finished, but instead swung the club back, striking plaintiff in the mouth. The court addressed the issue of whether the defendant school had a limited duty of care or was governed by the prudent standard of care. The court concluded that the prudent person standard of care was applicable, because being hit by another person swinging a golf club is not an inherent risk of golf. By applying a prudent standard of care to the coach, does not chill his ability to teach his students or discourage vigorous participation or competition between the players.

If you consider what Justice Homes said, it is probably a good idea if you have a golf club, baseball bat, racquet, or hockey stick in your hand to make every effort to not hit those around you with it. On the other hand, it is imprudent to approach anyone too closely who holds such a weapon or else risk having it intersect with your head.