By its very nature, rugby is a sport that involves a high degree of physical contact and commitment that means that there will inevitably be injuries. Whilst much of the tackling, rucking and mauling that forms part and parcel of the game of rugby could be viewed as criminal in ‘normal’, day to day life, this does not excuse its participants from exercising proper due care during a game.
Intention to hurt another player can in extreme circumstances be deemed to be common assault in the eyes of the law. In addition, even though the sport’s governing bodies are very aware of the potential risks and have made big improvements via rule changes to minimise injury risks, technically speaking any deviation from the games rules could potentially result in a player being liable to legal action. Players may find themselves subject to a negligence claim in the civil courts because of the society-wide obligation for everyone to take reasonable care for the physical safety of others where they are expected to foresee the outcome. The duty one player owes to the other is that taken by a reasonable person in the position of the player at the time the injury took place.
As a general guide, the following factors should be taken into account when considering whether a compensation claim is viable following an injury playing rugby:
• The offending player must be proven to have shown a wilful disregard for the consequences of their individual actions
• Where a player is injured by the act or omission of another player, the existence and indeed extent of a duty of care is to be determined in the light of all the circumstances
• To be liable for a personal injury sustained during a rugby game, a mistake must have directly caused the injury in way that makes the wrongdoer responsible for the event
As mentioned earlier, by its very nature, playing rugby is more dangerous than most other sports, there needs to be more than just an ‘error of judgement’ involved to be able to make a successful compensation claim. The reasonableness of a player’s actions needs to be taken into account.
if you have sufferred a rugby or other sports injury, it's important that you choose an experienced company to deal with your claim for you. Call us today to see if we can help 0800 160 1296 or contact us here.
