Tiger Woods and his caddie, Joe LaCava, have been named as defendants in a personal injury lawsuit filed by a fan. According to NBC Golf Channel, the fan, Brian Borruso, claims that LaCava pushed him during the Valspar Championship that Tiger Woods participated in back in 2018.
Borruso stated that when Woods approached the 13th green to complete his shot, he attempted to take a selfie with Woods in the background. However, Borruso claims that LaCava “intentionally shoved Borruso to get him out of the way, causing him to stumble and fall into the crowd.” The fall caused Borruso “either permanent or continuing injuries,” the suit alleges. If LaCava is found to be at fault for Borruso's injuries, both he and Tiger Woods could be financially liable to Borruso.
Personal Injury Liability
When you are injured due to the actions of another person, you can bring a personal injury claim against that person to recover financially for the losses your injuries caused. To prove that someone else is liable for your injuries you have to show that they intentionally injured you (like in this case) or that their negligence resulted in your injuries. With both intentional and negligent acts, you must show that the other person's actions actually caused your specific injuries. In this case, Borruso must show that LaCava's shove was what actually caused his injuries and that they did not result from some other event.
If Borruso does show that LaCava's intentional shove caused his injuries, Tiger Woods could possibly be held liable as well because Tiger Woods is LaCava's employer. In California, an employer can be vicariously responsible for an employee's negligence under certain circumstances. When an employee is:
- 1) acting within the ordinary scope of their employment and
- 2) as a result of that employee's actions someone is injured
an employer can be held liable. This doctrine specifically applies to negligent acts, but can extend to include intentional acts in limited situations. If this case were tried in California, Tiger Woods would probably argue that he is not liable for LaCava's actions because LaCava's intentional shove was not something he could foresee or expect out of his caddie, and it was not in the ordinary scope of his employment.
Get Help With Your California Personal Injury Claim Today
If you have been injured by another person, either intentionally or negligently, you should contact the skilled Southern California personal injury attorneys here at the Kann California Law Group. There are many situations when the employer of the person that injured you should also be found liable for your injuries, but making this determination can be difficult. Our personal injury attorneys can assist you in determining who to bring your claim against and help you with your claim so you can get the full recovery you deserve. You can get recovery for the medical costs associated with your injuries as well as other losses you may have suffered including lost wages or other pain and suffering. You can contact us for a free case consultation today by calling 888-744-7730 and your call will go directly to one of our attorneys. You can also contact us by clicking here to fill out our brief contact form. One of our attorneys will call you right away to discuss your case.