Sports Injury Liability?

2 comments to Sports Injury Liability?

  • Earwigo

    The clubs insurance SHOULD cover this liability.
    The FA’s insurance WILL.
    Try the Citizens Advice Bureau if you cannot afford a solicitor.

  • old.holly265

    Your comment about the insurance is surprising: it makes me wonder what is being insured. Start off by making further inquiries to see if the league in which you were playing has further/better insurance that covers litigation. Alternatively, check your household policies or see if any union of which you are a member has some form of cover: you would be surprised at what is sometimes included.

    The reason why you need to ask about that is that the injured player may well be using a no-win-no-fee solicitor, so it costs them nothing to chase you. If there is litigation and you lose then you will end up paying an inflated legal bill to them (in addition to the compensation that the court awards). You will always be at a disadvantage if you are not legally represented. You can ask at the CAB about this, but they may not be able to give you much assistance.

    Now, let’s have a look at the likely outcome.

    You were taking part in a sporting event involving physical contact. To some extent, there is an assumption that everyone taking part accepts a degree of risk of physical injury. This will count in your favour.

    The other side would need to prove (on a balance of possibilities) that you were either negligent or reckless or had deliberate intent. That would be difficult if it were not for the yellow card – the referee will almost certainly have to give a witness statement about the circumstances and is likely to be seen by the court as being impartial, fair and independent.

    In preparation for any court hearing, you need to assemble evidence yourself (the other side will already be doing it). This will mean contacting as many, preferably independent, people as possible to get a written statement from them of what happened. Get them to sign and date their statements: these will be needed later, in court.

    On balance, it would normally be a difficult claim for someone to make and succeed but, with the yellow card and the other side having a lawyer whilst you do not, the balance is definitely tipped in their favour.

    Sorry, but it doesn’t sound good at the moment.

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