We don’t often write about sporting injury claims for one primary reason – their success rate is rather low. Being injured in a contact sport is a very regular thing. I myself have been the victim of a multi-ligament rupture and nerve damage that has left me with a permanent condition called foot drop. When I stepped on to 5-a-side court that day, I never envisaged that my life would change forever in a matter of seconds. Whilst I blame the poor condition of the court, proving that is nigh-impossible, and I’m left unable to claim.
Rather than discuss the ins and outs of the quality of a football court or pitch, I’m going to discuss injuries in contact sports and when you may be able to make a claim. I’m going to keep it simple and relevant – so I won’t discuss past case law, I will simply outline what you need to know about trying to start a claim.
The biggest point here in my opinion is that there is a huge divide between proving what is negligence, and what is an unfortunate injury sustained when wilfully participating in a contact sport. The posh Latin word for this is volenti non fit injuria – which essentially means “to a willing person, injury is not done.” When you play a sport, particularly a contact sport, you are inherently accepting an element of risk of injury. Differing sports can dictate the level of risk. I’d imagine you’re quite safe when playing table tennis, but when rock climbing there is a lot more to consider!
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