Sports injury claims is a branch of the law that deals with injuries received while engaging in leisure or sports-related activities.
Sports injury law, in its broadest sense, covers cases involving potential personal injuries sustained by spectators during sporting events or by athletes while travelling to or from events.
The same laws and legal guidelines apply to sports injury personal injury claims as they do to other types of personal injury claims. Sports injury claims will therefore typically fall under one of the following categories:
- Accidents in public spaces: These types of claims pertaining to sports injuries include those from gyms, sports centres, school-related sports-related accidents, and injuries from playing sports at a football, rugby, cricket, or other sports club.
- Product Liability: Sports injuries brought on by malfunctioning exercise equipment or horseback riding school equipment are examples of defective product liability claims.
- Road traffic accidents: include those from athletes hurt in a car accident while traveling in a coach or minibus to or from a sporting event, as well as horse riders hurt by careless drivers.
- Medical Negligence: When you receive negligent treatment for an injury you sustained while playing sports, it could be considered medical negligence. On the other hand, it's possible that you were misdiagnosed and received the incorrect kind of treatment, or that a medical practitioner completely overlooked the injury diagnosis when he shouldn't have.
- Employers’ liability: These types of claims include injuries incurred because of coaches' or instructors' carelessness in providing inadequate guidance, instruction, or training, or in neglecting to take the required safety precautions. They can happen in a professional sport setting or when coaches or instructors work at a gym, sports centre, horseback riding school, or ski resort.
Bad Tackles in Sport
It's important to consider that the term "sports injury claims" may immediately conjure images of injuries sustained in rugby, football, or hockey for many readers.
In a sporting setting, the standard is "negligence"; the obligation is to use the level of caution that is reasonable given the circumstances (there is no universal standard of recklessness). Although it depends on the situation, the standard of care is an objective standard. A player in a first division football game, for instance, will need to exercise more caution than a player in a local league game.
It is important to remember that even though the defender’s actions are against the laws of the sport in question, they do not automatically entail liability. A defender may be able to present a defence based on the claim that the relevant act can be accurately described as mistakes, oversights, or attention spans of which any reasonable player may be guilty in the rough and tumble of the sport in question.
Types of serious sports injuries
Sports-related injuries can occur under many different conditions. As a result, the range of injuries sustained is also wide. Contact sports injuries can be very different from those resulting from skiing, horseback riding, or gym mishaps. On the other hand, numerous sports-related incidents may result in the same type of injury. As such, the following list is not all-inclusive:
- Broken bones
- Ligament rupture
- Nerve and spinal injuries
- Head and brain injuries
- Tetraplegia and paraplegia
- Death
Recent high-profile sports claims
Elbanna v Clark – Rugby
In an amateur rugby match, the pursuer and defender were competing on opposing teams. Both were seasoned amateur athletes. Rugby Football Union (RFU) regulations were followed, and the game was recorded.
The defender's team was taking the kick as the second half of the match got underway. From slightly behind the halfway line, the defender sprinted forward to pursue the ball. He was going to kick the ball and then sprint forward to get to it.
With his back to the defender and his eyes fixed on the ball, the pursuer remained relatively motionless as the ball soared into the air. The defender advanced in a straight line toward the pursuer, picking up speed over a distance of roughly 12 meters which resulted in a serious collision.
The judge took into consideration that a defender's recklessness is not a prerequisite for negligence occurring in a sporting context. The judge determined that the defender in this instance did not lower his speed or change his running direction. Since the collision could have been avoided or at the very least reduced to a soft contact that would not have resulted in injury, liability was established.
It was determined that it was irresponsible to run straight at the pursuer at full speed and collide with him, regardless of whether the collision was intentional. It also amounted to playing an opponent without the ball, which is against RFU regulations and raises the possibility of injury.
Tylicki v Gibbons – Horse Racing
The case looked at the level of care that a jockey in a competitive setting should take, and more importantly, it looked at whether Mr. Gibbons' riding on this specific occasion fell short of what was expected of him.
The professional flat-race jockeys in question were Mr. Tylicki and Mr. Gibbons. Following a collision at the Kempton all-weather track on October 31, 2016, Mr. Tylicki raised a personal injury claim in respect of the incident. The incident left him with complete paraplegia, rendering him wheelchair-bound for the remainder of his life.
According to the Court, Mr. Gibbons veered to the left and decelerated as he rounded the bend on the Kempton all-weather track. This caused Mr. Tylicki's horse to pass partially beside Mr. Gibbons, precisely beside the rail. Mr. Gibbons made his horse back toward the rail, right into Mr. Tylicki's horse's path.
After making the first contact, Mr. Gibbons did not make an effort to step aside and allow Mr. Tylicki to pass. Further contact occurred four seconds later, toppling Mr. Tylicki's horse and causing him to suffer life-altering injuries.
It was up to the Court to decide whether Mr. Gibbons violated his duty of care to his fellow jockey or whether Mr. Tylicki's fall was a very unfortunate accident with tragic consequences. Mr. Gibbons "had a reckless disregard for Mr. Tylicki's safety," according to the Court, who ruled in favor of Mr. Tylicki.
Juan Manuel Correa – Motor Racing
After an accident at the Belgian Grand Prix, Formula 2 driver Juan Manuel Correa won his claim against the FIA. The legal action stemmed from a fatal accident that occurred on August 31, 2019, at the Belgian Formula 2 Grand Prix at Spa-Francorchamps. Anthoine Hubert, Juan Manuel's fellow driver, died tragically in the accident, leaving Juan Manuel with life-altering injuries. He suffered injuries from the collision included severe fractures to both of his legs, broken vertebrae, and potentially fatal lung damage.
The claim surrounded a request on Juan Manuel's behalf to have the specifics of the FIA's accident investigation disclosed. Following the accident's first anniversary in August 2020, the FIA filed a request for disclosure in the Paris courts.
The French court action followed a protracted correspondence that began in November 2019 with the FIA. Juan Manuel was unable to comprehend the full circumstances of his severe injuries because the FIA had not given him a copy of the accident report and the video.
Regarding the conclusion of its accident investigation, the FIA released a press release on February 7, 2020, with limited information. The FIA released a list of more than 20 safety recommendations on May 11, 2020, because of its investigations into 28 serious and fatal circuit racing accidents in 2019. However, because of the 2019 fatal accident at Spa-Francorchamps, it declined to share its findings with Juan Manuel. It is not known whether the driver sought to claim damages against the FIA in connection with the incident.
If you have had an accident involving sport as an athlete or spectator that was not your fault we have a dedicated team which specialises in sports injuries. They have considerable experience in a variety of claims involving all types of sports injuries - contact our specialist personal injury team today.
The team is spread across our offices – Glasgow, Edinburgh, Perth and Dundee , with our Dundee team covering Aberdeen and the North of Scotland - making it easy and convenient for you to consult one of our experts.
We will be happy to discuss your claim with you and will explain clearly and concisely how best to proceed. We will also be upfront about how likely your claim is to succeed, any costs involved and whether we can offer to work on a no-win, no-fee basis.
To speak to someone who can help you claim the compensation you deserve, call us now on 0800 988 8082 or complete our online enquiry form and a member of our team will get back to you right away.
