Beauchamp v. Los Gatos Golf Course

In Beauchamp v. Los Gatos Golf Course (1969) 273 Cal.App.2d 20, the plaintiff, an experienced golfer wearing golf shoes with half-worn spikes, slipped and fell on a concrete path, or veranda, leading from the parking lot to the starting area. (Id. at p. 23.) Although safer means of access to the course were available, it was common practice for golfers to put their golf shoes on in the parking area and walk on this concrete path. (Id. at pp. 23-24.) The plaintiff sued the owners of the golf course for damages and the trial court granted the defendant's motion for nonsuit. (Id. at p. 24.) The Court of Appeal reversed. The Court framed the factual issue as one involving "whether the club foresaw or reasonably should have foreseen that as constructed and maintained, there was an unreasonable risk of harm to golfers using the veranda so constructed with due care, wearing golf shoes with metal spikes. Whether or not a different facility should or could reasonably have been provided, should warning of the danger of slipping have been given to users wearing golf shoes with spikes?" (Beauchamp, supra, 273 Cal.App.2d at p. 31.) "The obvious nature of the risk, danger or defect . . . cannot be said per se to abridge the invitation given by the possessor of land, or to derogate his or her duty of care, so as to make the possessor's liability solely a matter of law to be determined on a nonsuit." (Id. at p. 33.)