Is TopGolf Good for Local Businesses? Yes, Emergency Rooms.
We Think that a TopGolf Customer is Sent to the E.R. Every Single Day
When word spreads that TopGolf is considering opening in a community, the local businesses naturally ask, "Will this hurt us or help us?" Given that TopGolf has seized the TopBooze spot in most every location it has opened, local taverns and restaurants may have reason to worry that their business will suffer. But local Emergency Rooms and Urgent Care Clinics can probably rest assured at a new revenue stream: injured TopGolf customers.
The most common injuries, we think, are from mishit balls, ricocheting balls, swinging clubs, and lost clubs. And given TopGolf's successful aspiration to be TopBooze in so many communities, and to encourage inexperienced golfers to take swings inside of an enclosed space, this isn't surprising.
TopGolf has been fighting having to produce the reports of injuries to their customers, so our calculations are only based on the data we have. That data includes partial injury reports secured through litigation discovery, extrapolations as to the number of properties and quantity of customers they now have, and the inquiries we get from injured customers. Those inquiries are notable because they include four categories of injured customers.
(1) Those who appear in the injury reports we have, (2) those who tell us that TopGolf knew of their injury but didn't make a report, (3) those who tell us that they were injured at TopGolf but didn't report the injury, and (4) at least one instance of when TopGolf had claimed to have produced a full-set of reports for a certain location over a specified range of dates, but failed to include the report of a woman who lost her eye at that location during that time.
Are we sure that TopGolf is seeing its customers sent to the Emergency Room every single day? No. In fact, we hope that our prediction is wrong. But TopGolf knows of far more injuries than they are willing to disclose, they have not shown meaningful improvement in the way they run their business, and we have long ago lost faith that they are upfront with us or with any of the communities they woo.
We'd Like to Hear Your Thoughts on How we See the Evidence
We want everybody to evaluate for themselves what TopGolf won't admit: It is a dangerous place where injuries continue to happen.
What's worse than that? We have now received internal emails by TopGolf (through a different company) that seem to prove that TopGolf knew that its fall-safety netting system had never been tested and was less than half the width of all safety standards. That was three weeks before one of our clients, a member of the U.S. Air Force, fell from an upper deck and suffered paralysis. Here's one of those emails:
Who is Helen Irizarry, the person this email was sent to? She's in charge of TopGolf's safety and also their injury claims.
In fact, the net design was considered so dangerous, that emails with TopGolf's agents show several netting providers refused to sell them the product.
But you should interpret the emails for yourself instead of relying on our interpretation. You will see those starting on Page 5 of the lawsuit filed in Dallas County, where TopGolf has its headquarters: TopGolf Lawsuit #1.
What's worse than that? What's worse than their not doing anything before the paralyzing fall though they knew of the danger? TopGolf continues to open location after location at breakneck speed, and they are not making any significant changes to their identified safety problems.
What's even worse than that? Attached to that same lawsuit is an Affidavit by a professional architect, and the Affidavit includes more TopGolf communications that they did not produce themselves. Our only conclusion from the evidence we have, so far, is that TopGolf has intentionally mislead local government officials in order to get their dangerous designs approved. That Affidavit is "Exhibit A" and you'll see the documents starting at Page 5 of the Affidavit. You know our interpretation, and we'd very much like to hear yours, so please take a look.
While you're looking over those documents, ask yourself, "Shouldn't TopGolf's Oklahoma City location have its upper decks immediately closed by the County for not fulfilling the obligations of the Variance?" We think so. Do you?
Of course, the U.S. Airman is not our only client who was severely injured at TopGolf. Nor is the customer who had her teeth knocked-out by somebody in a neighboring bay (photo above). Look how many other clients we represent in a second TopGolf lawsuit: TopGolf Lawsuit #2. The most severely injured of the clients in the second lawsuit lost her eye.
And, again,TopGolf continues to open location after location without making any real safety changes.
That's why, right in the lawsuit, we documented for them some of the changes they need to make so that they can't deny that they hadn't been warned before the next injuries.
What's worse than that? Okay, is it really possible that I could have for you another "What's worse than that?" It appears that the TopGolf bartender TopGolf charged with the safety of TopGolf's customers, including the U.S. Airman on the day of his paralyzing fall, is the very same person at the center of another Dallas-area nightmare. The bartender's name was Enrique Arochi. TopGolf has yet to confirm or deny that it is the same Enrique Arochi who has been the main suspect in the disappearance of Christina Morris as he was the last person seen with her (as show in the bone-chilling video just below) and has been charged with aggravated sexual assault of a child. The addresses of the suspect and the bartender do match. And a former employee has told us that it is the same person.
We call upon TopGolf, or the Governments that oversee them on behalf of the public, to make each of the following changes:
- Immediately close all elevated tee-lines until 8-foot nets can be installed.
- Immediately hang vertical nets between the hitting bays, and behind each hitting bay.
- To cease holding party-style “auditions.” Rather, TopGolf must choose & train employees who will put customer safety first.
- Require that all drink servers be trained & licensed by the State.
- Prohibit children, and prohibit high-heels, on elevated decks.
- Design all future TopGolf locations with sub-surface, automatic ball-teeing machines.
- Stop trying to prevent injury lawsuits by waivers. Try to prevent injury lawsuits by preventing injuries.
TopGolf is spreading like wildfire, and may be sending more people to the Emergency Room each year than are injured in wildfires. The privately held company spans two continents and is adding multiple locations at a time despite the substantial cost each property requires to open.
We believe that TopGolf is designed and managed with hidden risks that put customers' health and lives at tremendous danger.
To see news coverage of the initiation of TopGolf Lawsuit #2, the video is here. Television news coverage of TopGolf Lawsuit #1, and written news coverage, are at the bottom of this page for you.
If you or a loved-one has suffered a severe injury at TopGolf -- from a fall, reckless conduct of another customer, alcohol intoxication, drunk driving, poor maintenance, et cetera -- we want to hear from you. If you're wondering if there was a waiver that claims that you have no rights, let us worry about that.
We very much want to make TopGolf change its life-threatening ways, and are seeking clients anywhere in the world who will join us in this fight, no matter where they were injured:
- Scottsdale, Arizona (Phoenix)
- Alpharetta, Georgia (Atlanta)
- Wood Dale, Illinois (Chicago)
- Allen, Texas (Dallas)
- Austin, Texas
- Houston, Texas
- Spring, Texas (Houston)
- The Colony, Texas (Dallas)
- Alexandria, Virginia (Washington, D.C.)
- Addlestone, Surry (London, England)
- Chigwell, Essex (London, England)
- Watford, Herts (London, England)
Since TopGolf's Headquarters is right here in Dallas, we are ideally situated to prosecute your rights to the fullest, no matter where you live and no matter where you were hurt.
A legal commentator also wrote an article about the initiation of the suit and what it might mean for TopGolf: Golf Was Meant for Terra Firma.