Topgolf faces $15.8M verdict over child's injury at Hillsboro location - The Portland Tribune

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Topgolf has been ordered to pay more than $15 million after a 2021 birthday party at its Hillsboro location ended with a young boy being struck in the head by a golf club.

A federal jury handed down the verdict Thursday, Sept. 4, following a two-week trial and two days of deliberations focused on who was at fault.

According to court documents, jurors awarded $15.8 million in damages: $12.5 million for pain and suffering and $3.3 million for economic losses. Topgolf was found 97% negligent, with the remaining 3% of fault assigned to the parents of another boy who hosted the party.

The lawsuit, initially filed by the child's parents in Multnomah County and later transferred to federal court, alleged that a then 9-year-old suffered a traumatic brain injury on Veterans Day, Nov. 11, 2021, due to a lack of clear safety instructions and oversight.

As described in filings, surveillance footage showed the children moving around the designated hitting areas and tossing balls onto the driving range. At one point, the injured child -- referred to as "Minor T" -- crossed the red safety line meant to keep guests clear of active swings. As another boy prepared to swing, Minor T stepped behind him, directly into the path of the club. Seconds later, the club struck him in the forehead.

"As a result of the impact, Minor T suffered an open depressed skull fracture, orbital roof fracture, cerebral hemorrhage and traumatic brain injury," the lawsuit stated. Emergency neurosurgery was required, including the placement of three titanium plates in his skull.

The suit also detailed the child's ongoing struggles since the injury, dealing with chronic headaches, mood and behavioral changes, as well as anxiety about his health and how a prominent facial scar will be perceived by his peers.

Central to the lawsuit was the claim that Topgolf failed to provide the required tour and safety talk that a "bay host" is expected to give before guests begin playing. That briefing lays out explicit instructions to stay behind the red line to avoid being struck by a swinging club.

Testimony revealed that Topgolf had been aware of similar accidents for years. A safety consultant warned as early as 2013 that guests were at risk of being hit by clubs and recommended installing barriers or dedicated staff near the hitting areas -- measures the company did not implement.

In its defense, Topgolf's attorney said the facility had clear safety precautions, including four-inch-wide red lines marking each hitting area, signs warning guests to stay behind them and recurring audio announcements reminding customers to keep a safe distance.

Instead, the company argued that the birthday party hosts were responsible for supervising the children.

But jurors ultimately assigned the majority of the blame to Topgolf.

The jury had been scheduled to return the next day to consider separate punitive damages, but attorneys for both sides reached a confidential settlement before that phase began.

Topgolf did not immediately respond to a request for comment from the News-Times.