Sall v. T's, Inc.
Kansas Supreme Court
136 P.3d 471 (2006)
Smiley's Golf Course (SGC) (defendant) had a policy of monitoring thunderstorms and sounding an airhorn to warn golfers when lightning struck nearby; Patrick Sall and his golfing companion Chris both knew about and relied on this policy, and Patrick even reassured his mother by phone that the course 'wouldn't be open if it wasn't safe.' A returning thunderstorm was reported on the news, and SGC's manager blew the airhorn a few minutes later after checking radar, but lightning struck Patrick just two or three minutes after the horn sounded, while he and Chris were walking back toward the clubhouse. The trial court granted SGC summary judgment, reasoning lightning was an unforeseeable risk with no duty to warn, and the appellate court affirmed on the ground that SGC hadn't been negligent even under a voluntary-undertaking theory; the Salls appealed again.
Whether an actor who voluntarily undertakes or assumes services to protect another person from harm is liable if negligent performance of those services either (1) increases the risk of harm to the other, or (2) causes injury because the other person relied on those services.