In a previous career, Steven Neuliep, CGCS, might have made a good CSI investigator. In his next one, as the principal of Neuliep Golf, he is using those investigative skills and desire to seek the truth as a professional litigation support specialist for golf clubs involved in legal battles.
That vocation is called "expert witness" by some, but Neuliep says "litigation support specialist" is more accurate since it involves communicating what he called "standards of practice" and "duty of care"... or, in layman's terms, what a reasonable person might do to ensure that golf facilities are doing what they can and should do to safeguard clientele and employees.
A golf course superintendent for 25 years, Neuliep (right) retired last spring from Etowah Valley Golf and Resort in western North Carolina to focus on the next phase of his career. He began researching litigation support more than a decade ago, and has been slowly building his business, with a focus on golf, for the past five years.
"I feel like a CSI; I like to try to figure things out," Neuliep said. "I wanted to stay active in the golf world."
Many of the types of incidents that can result in litigation involve errant golf shots by players and golf car accidents. As a result, Neuliep has been called to testify in cases that resulted in serious bodily injury or even death.
According to Sadler and Co., an insurance firm that serves many golf course facilities, as many as 13,000 golf car accidents occur in the U.S. each year, with as many as 600 resulting in a death.
In many such cases, litigation can center around standard industry practices, such as those established by the American National Standards Institute. Established ANSI standards exist for operation of golf cars and mechanized equipment, but there are many gray areas that often come up in litigation where there is a lack of .
"I see my job as educating the jury, the judge and even the attorneys about what happened," Neuliep said. "Most people are so unfamiliar with the golf business compared to other industries."
Neuliep started thinking about litigation support as a career path in 2013 after talking with Michael Johnstone, an architect of buildings and golf courses who also is an established expert witness.
To this day, Johnstone still is helping Neuliep establish himself in the field.
"There is a tremendous learning curve," Neuliep said.
There also is a learning curve for those in the legal community, as he focuses on educating those involved on what should be done or could have been done to avoid the courtroom in the first place.
When establishing what Neuliep called standards of practice, it makes sense in the face of litigation to compare practices and standards of golf facilities that are comparable in nature.
Standards of safety for a multi-course property with a massive budget might not apply to a nine-hole mom-and-pop operating on a wing and a prayer. Likewise, standards of safety can differ by terrain or climate.
"Florida is different than Western North Carolina," Neuliep said. "And coming up with standards is different."
Signage warning golfers of the dangers that exist throughout the golf course might not always be enough to avoid litigation or win a case in the courtroom.
Sometimes protecting people from the hazards present on a golf course might require more than just signage.
Guarding against slips, trips and falls requires upkeep of infrastructure and more. For example, any place with more than three steps probably should have a handrail, Neuliep said.
The best advice he can provide for golf course owners and operators is to think ahead when it comes to safety.
"You should have regular safety meetings, and not many do," he said. "Golfers are fixated on conditions, so safety elements are not always top of mind.
"If you're meeting about safety, but you're not safe the other 29 days of the month, then you're not really safe."
