Sports Injuries & Claiming

Sports Injuries & Claiming

If you can prove that the other party intended to inflict some sort of pain or injury on you then this will be deemed a criminal offence and it is likely you will be successful in a claim for personal injury compensation.

However, if the other party did not injure you intentionally you will have to prove that they were negligent in their actions. The standard of proof is much higher in sporting claims and a simple misjudgment or gut reaction will not suffice. At the very least there must have been a breach of the rules and this still may not be enough to prove negligence.

You will need to show that the other party’s actions were completely unreasonable and unacceptable for the sport in play. Here are some examples:

• Foul play by a team member in a game of football i.e. causing serious injury by a malicious tackle à ‘Condon v Basi’ (1985)
• Intentionally picking up a team member or opponent and dropping them à Elshafey v Clay (2001)
• Dangerous tactics in hockey i.e. playing the shot too high

In most cases, schools and sporting venues should have liability insurance in place to cover such eventualities and cover the cost of any claims.

If you think you may be entitled to make a claim, seek expect legal advice so that they can review the circumstances and advice you as to whether or not you can make a claim.