Sports Law - Player Vs Player
(by Greg Rollingson - UK Solicitors specialising in sports injury law)
In what circumstances can a sports person make a claim against another participant for injury?
If a sports person can show that another participant intentionally inflicted injury then that may amount to a criminal offence. The injured party might also be able to seek compensation for injury and consequential losses for the assault.
Where the injury is not intentional, however, the injured party has to show that the other participant was negligent. The threshold for such liability in practice is high. A participant will not be held liable for a simple error of judgment or instinctive reaction, even though the consequences might be tragic, especially in a fast moving game. Something more than that is required. At the very least there has to have been a breach of the rules of the game. However, that alone would not necessarily be sufficient to establish liability, especially if the actions of the participant were being conducted in a manner which was generally acceptable. The injured party does not have to prove that the other participant was "reckless", as such. Rather that he acted unreasonably in the particular circumstances and out of all proportion to the occasion. Here are some examples.
Football
· In the Court of Appeal case of Condon v. Basi (1985) an amateur footballer was held liable for breaking his opponent's leg in a tackle during a local league match. Mr. Basi was held liable for Mr. Condon's broken leg because his sliding tackle was adjudged to constitute "serious foul play" and to have been made in a reckless and dangerous manner (albeit without malicious intent) and to have been worthy of a sending off.
· In Elliot v Saunders and Liverpool FC (1994) the tackle made by Saunders was strong and resulted in a foul. But it was not negligent
Golf
· A golfer, whose ball bounced off a tree and struck another player on an adjacent fairway, was liable because he was playing a difficult shot and knew there was someone on the adjacent fairway, Pearson v Lightning (1998).
Hockey
· A hockey player, who followed through too high with his stick and caused an eye injury, was negligent, Leatherland v Edwards (1999).
Rugby
· A rugby player was liable for picking an opponent up and dropping him on his head, Elshafey v Clay (2001).
Horse racing
· In Caldwelll v. Fitzgerald and others (2001) the Court of Appeal held that two jockeys were not liable to Mr. Caldwell who was injured. Their failure to check that the line they were taking was safe was treated as an error of judgment which happened quite often. This was despite the fact that at a steward's inquiry, the two jockeys were found guilty of careless riding (contrary to the Jockey Club Rules) in not having left Mr. Caldwell enough room to come round the inside rail.
If a sports participant has been disciplined by a sports governing body, this will be persuasive evidence that the injured party can rely upon in any subsequent claim. Other useful evidence will be any video recordings of the incident, the recollection of other participants, spectators and officials or even an admission in an autobiography.
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.
