When businesses put profits or aesthetics above safety, the results can be catastrophic. A recent federal jury verdict in Oregon underscores the importance of holding property owners accountable in premises liability negligence cases.
Child Severely Injured at Topgolf Facility
In 2021, a nine-year-old child was attending a birthday party at the Topgolf Hillsboro, Oregon, location when tragedy struck. Sitting just feet from an active hitting bay, the child was struck in the head by another guest’s golf swing. The blow caused a depressed skull fracture and cerebral hemorrhage — devastating injuries that required extensive medical treatment and left lasting consequences.
The child’s family, through their attorneys Anne Foster, Samuel Smith and Jaimee King of Smith Foster King LLP, filed a negligence/premises liability lawsuit against Topgolf, alleging the company failed to provide basic safety protections for its guests. After an 11-day trial and three days of jury deliberations, the jury agreed.
The jury found Topgolf negligent and awarded the family:
- $3.3 million in economic damages (medical costs, future care, and lost opportunities)
- $12.5 million in non-economic damages (pain, suffering, and emotional distress)
The punitive damages phase was scheduled to follow, but Topgolf reached a confidential settlement with the family before it began.
The lawsuit revealed that Topgolf’s bays were designed with only a painted red line to separate seated guests from the swinging zone — no physical barrier, railing, or partition.
According to the plaintiffs, this lack of safety features was an intentional design choice meant to promote a “fun and whimsical” environment. The jury concluded that this choice placed children and families at unreasonable risk of injury.
While a small portion of fault (3%) was attributed to two adults supervising the party, the overwhelming responsibility rested with Topgolf as the property owner and operator.
This case is a powerful reminder of how unsafe property conditions can lead to life-changing injuries and multimillion-dollar verdicts. It is a strong reminder that businesses
- Must protect their customers – Owners and operators have a legal duty to maintain safe premises for guests.
- Design choices have consequences – Cutting corners on safety to promote atmosphere or reduce costs can create liability.
- Premises liability covers more than slips and falls – From unsafe structures to negligent supervision policies, any failure to protect guests may result in a lawsuit.
How We Help Victims of Unsafe Property, Negligently Maintained Property, or Unsafe Property Design
At Anzalone & Doyle Trial Lawyers, we specialize in representing victims of premises liability negligence, including cases involving unsafe business designs, inadequate security, and poorly maintained property. If you or a loved one has suffered an injury on dangerous premises, you don’t have to face the fight alone.
We are committed to holding negligent companies accountable and securing the compensation our clients need for medical care, lost wages, and the pain they’ve endured.
Contact Anzalone & Doyle Trial Lawyers today for a free consultation with an experienced premises liability trial attorney.
