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The law relating to sports injuries has developed rapidly in recent years. Damages have been awarded against sporting associations whose referees or umpires have failed to take action to prevent inappropriate behaviour on the sports field. Similarly, claims may lie against individuals whose own sporting behaviour has gone beyond normal competitive behaviour and which has become reckless about the possibility of causing injury. Important issues about the availability of insurance companies to meet these claims will arise but your solicitor will be able to advise you on this. Damages are awarded according to the severity of any injury together with any financial losses such as loss of earnings, travel expenses and the cost of treatment for example.
Sport, by its very nature, makes for an injury ridden past time. Whilst there is an inherent understanding by sports players that there is some risk involved, many injuries are sustained which are not the fault of the person playing. It's common for sports injuries to occur should a player by pushed too hard by their trainer, suffers an accident on the pitch, or receives an injury due to poor equipment. In the example of there being a defect with regards to the equipment, there is often a case for a sports injury claim to be made.
Spectator Sports Injury Claims
If you're watching a sports event, you are not participating, and therefore should be able to watch the game without any fear or risk of injury. Should you suffer an injury due to an accident which occurred whilst you were watching a sporting event, then you may well be able to make a claim to cover for any damages which occurred as a result of the injury.
Hundreds of people are injured every week whist partaking in some professional or recreational activity, ranging from contact sports like football and rugby to horse riding and skiing. If you have been injured as a result of someone else's negligence or recklessness, you can pursue them for compensation for your injuries and resulting losses, for example, loss of earnings.
Sports injury claims could include:
- Your opponent in a football or rugby match makes a dangerous tackle, i.e. he or she did something that is illegitimate, negligent or intentional, and against the rules of the game.
- Your injury could have been avoided if the referee had policed the game better. Referees, coaches and other team players owe a duty of care to players to take reasonable care for their safety.
- You or your children are injured as a result of unsafe premises on which they are playing sports.
- You or your children are learning a new sport and an injury is caused because of an inadequately trained instructor.
- Injury is caused to your child as a result of poor supervision by their PE teacher.
- Injury is caused to you or your child as a result of poorly maintained gym equipment.
- You participated in a heavily regulated sport like boxing, and sustained an injury. There is a duty on the regulatory body to take reasonable steps to minimise or control (by rules or directions) the risks inherent in the sport.
- You sustained an injury whilst participating in a league or organised sport. The organiser, governing body, club or Local Education Authority can be liable for the acts of its employees including referees and players.
If you consider that you have a potential claim for compensation arising as a result of a sport then contact us for free legal advice.