Accepting risk is part of sport. But some injuries are not an accepted part of the game — they happen because of negligent refereeing, inadequate facilities, faulty equipment, unsafe playing surfaces, or foul play that goes beyond what is reasonably foreseeable. In these cases, you may have a claim.
When you participate in sport, you accept the ordinary risks that come with that activity. But you do not accept the risk of negligence. A rugby player accepts the risk of a hard but fair tackle — not a deliberately dangerous one permitted by a negligent referee. A gym member accepts the difficulty of exercise — not injury caused by a faulty machine that had not been serviced.
Claims in sport arise in several ways: negligent refereeing that fails to control dangerous play, unsafe playing surfaces or facilities, faulty equipment, inadequate coaching or supervision particularly for young players, and reckless foul play by an opponent that goes beyond the rules of the game.
Most sports clubs and facilities in Ireland are required to hold public liability insurance. A claim is typically made against their insurer, not personally against the individual involved. Your solicitor will identify the correct respondent and the applicable insurance policy.
Eoin had been playing club rugby in Tipperary for twelve years. During a league game, a opposing player made a clearly dangerous and reckless tackle well after Eoin had released the ball. The referee had already issued a warning to the same player earlier in the match for dangerous play. The tackle fractured Eoin's collarbone and tore a ligament in his shoulder. He required surgery and was unable to work for fourteen weeks.
The initial response from everyone — teammates, club officials, even his wife — was that injuries happen in rugby. Eoin himself initially accepted this.
But a solicitor who specialised in sports injury cases took a different view. The referee's failure to remove a player who had already been cautioned for the same type of dangerous play constituted negligence. The club was vicariously liable for the referee's failure to adequately control the match.
The case settled out of court.
Free assessment. No obligation. Matched to a solicitor in your county.
Tell Us What Happened