Tackling sports injuries: When poor sportsmanship turns negligent

If injured in an accident whilst playing sport it can be difficult to attribute fault, as most see it as an acceptable risk undertaken when you walk out onto the field, onto the court or into the gym.

The legislation and the case law surrounding sports injury mirrors this approach.

For example, if you are going to play rugby, be it amateur or professionally, there is a higher risk that you may injury yourself; whereas, if you were playing ping-pong there is a lower risk of injury.

The legal goalposts

Using this example, if you were to break your back playing rugby the courts will factor in this “acceptable level of risk”. As such, to prove negligence there would need to be close assessment of the evidence provided to isolate a breach of duty on behalf of the:

1. Players on the pitch,
2. Coaching staff of both teams,
3. Referees officiating the match,
4. The clubs and owners of the grounds, and so on;

The most common in this scenario, would be an illegal and reckless tackle made by another player on the pitch.

Recent case law

Recently in the news a claim has been brought by a female rugby player, Dani Czernuszka (Claimant) against the opposing team member Natasha King (Defendant).

In this case, the Defendant stated her intent to “break” the Clamant and “smash the opposing team” before diving on the Claimant with her full body weight of between 16-17 stone and pulling her legs underneath her causing the Claimant to suffer a permanent spinal injury and life changing paraplegia.

The court ruled in favour of the Claimant and found that this was “A reckless and dangerous act and fell below the acceptable standard of fair play”. The total value is still being assessed but the Claimant is seeking a value of approximately £10 million in compensation.

Key in this case is the conduct of the Defendant, who had verbally stated her intent to harm the Claimant and seemingly showed little concern after seemingly intentionally causing the injury.

Driving forward – how we can help.

Each sports injury claim is unique depending on:

1. The sport
2. How the injury occurred
3. The injury caused
4. The conduct of the parties
5. The evidence available

All of which, and other factors, will be assessed when making a sports injury claim. It is a complex fact finding process that the specialist personal injury team at Thatcher + Hallam can assist you with.

If you have been injured whilst playing sport there can be long-term life changing consequences that continue long after the days sport is over.

If you have been suffered in a sporting injury please do attend our free in person legal surgery which runs from 5pm to 6pm every Thursday or leave an enquiry on our website.