Sports Law - Player Vs Organisation
(by Greg Rollingson - UK Solicitors specialising in sports injury law)
In what circumstances can a governing body or organiser be held liable for an injury?
In the case of Watson v. British Board of Boxing (1999), the Board was held negligent for failing to provide adequate emergency facilities at the World Middleweight title fight between Chris Eubank and Michael Watson. The Court held that there should have been a ringside Doctor present with the ability to administer a diuretic drug. By failing to institute such a system, the Board was found to be in breach of its duties. Governing bodies are under a duty to take reasonable care to ensure that participants are not exposed to unnecessary risks to their health and safety and that if injury results to ensure that they are properly treated.
It is advisable for professional bodies to undertake risk assessments with a view to determining whether medical cover is required for a sporting event. If so, they should ensure that persons with the requisite skill and experience are engaged.
· Chittock v Woodbridge (2002) A pupil was injured on a school skiing trip on a ski run when attempting a dangerous manoeuvre. He had previously been disciplined for skiing off-piste but allowed by the teacher to ski for rest of the trip. The Court of Appeal considered that the teacher in charge was not negligent and that he had acted reasonably.
Sports law is likely to develop further in the future. With the likelihood of claims increasing, it is essential that anyone involved in a sporting activity ensures that they have adequate insurance cover for their liability to others.
Anyone who suffers an injury through sport, generally has to issue Court proceedings within 3 years of the injury. However, even if the injury occurred more than 3 years ago there are special circumstances in which a claim can still sometimes be made.
If you think you have a potential claim or someone is making a claim against you and you would like advice, then contact Rollingsons Sports Law Team on 020 7405 4022 or visit our website www.rollingsons.co.uk.
