$15.8 Million Verdict Against Topgolf: Jury Holds Entertainment Giant Liable for Child’s Skull Fracture
Iowa Personal Injury
A federal jury in Portland, Oregon has returned a $15.8 million verdict against Topgolf after a young child suffered a skull fracture at the company’s Hillsboro, Oregon facility. The case—Thomsen v. Topgolf USA Hillsboro, LLC—was tried in the U.S. District Court for the District of Oregon before Judge Marco A. Hernández.
The Injury
The lawsuit arose after a birthday party at Topgolf where a minor guest crossed a painted red line that separated the seating area from the swing platform. Without physical barriers in place, the child was struck in the head by a full-speed golf swing, resulting in a serious skull fracture and traumatic brain injury.
The Legal Theories
The family’s attorneys advanced premises liability claims, focusing on:
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Failure to warn/instruct guests about the risks and safety rules.
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Negligent design of the bays, which used only painted lines instead of barriers, despite internal and insurance warnings about safety.
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Failure to take reasonable precautions to protect children, even though Topgolf markets itself as family-friendly.
The court dismissed some claims (such as negligent employee supervision), but the core allegations went forward. The jury ultimately agreed that Topgolf failed to provide a safe environment for its guests.
The Experts
At trial, testimony included medical experts detailing the child’s injuries, as well as economic and life-care planning experts projecting the costs of future care. (The federal docket shows the full witness list; the public filings reference design and safety experts on facility layout as well.)
The Verdict
The jury awarded:
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$3.3 million for economic damages (medical bills, future care, lost earning capacity), and
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$12.5 million for non-economic damages (pain, suffering, permanent impairment).
Although a punitive damages phase was scheduled, the parties reached a confidential settlement the next day, resolving that portion of the case.
Why This Matters
The Topgolf verdict underscores how family-oriented entertainment venues must balance fun with safety. For businesses, the case is a reminder that painted lines are no substitute for physical safeguards when the risks involve foreseeable injury to children. For families, it highlights the importance of understanding how injury law holds corporations accountable when safety shortcuts lead to life-changing harm.
