Many Australians love contact sports, but they can result in injuries. RMB Compensation Lawyer looks at your right to sue when injured by an act of foul play.
As spectators we don’t often worry too much about an injured player after the full-time siren. Our emotions are caught up with victory or defeat for our team.
But spare a thought for those injured players. Where they injured intentionally? How long will they suffer and lose income, and will they be affected by a serious injury for the rest of their lives?
The most famous Australian case of this nature involved rugby league players Darryl (aka the Big Marn) Brohman and Les Boyd in 1983. Brohman took legal action against Boyd for breaking his jaw and reportedly recovered $30,000 for his trouble.
Unfortunately sports players are injured every week, from amateur players to the household names of popular footballers and cricketers. Occasionally sportsmen and women suffer serious lifelong injuries as a result of an intentional act that was well and truly outside the rules.
So what can injured players do to recoup losses?
Taking legal action against game organisers, club officials or local sporting associations is difficult as it can be hard (though not impossible) to prove the relevant person or body knew or ought to have known the player was about to perform an illegal violent act and injure another player. It may be that the only person to sue is the player who committed the foul. However, clubs that encourage rough play may be liable for those injuries.
Cases against a person can proceed on the basis that there has been a "trespass", which takes place when there is unwanted physical contact between one person and another. In contact sport, players are deemed to consent to any physical contact that is within the rules. However, contact that is outside the rules, whether intentional or not, may give rise to a right to compensation for the injured player.
Amateur sports people typically have jobs outside their sport. If they are unable to work, or worse loses their profession, they should have a right to claim losses from another. There may also be long-term medical bills along with other losses. The law provides remedies for these intentional actions which cause loss to another.
Have you been injured on the sporting field caused by foul play? You can contact us. We'll be able to help you via a quick phone call, ask us a question via email or even chatting with you online as time limits apply to these claims.