Personal Injury—sports injury claims
Personal Injury—sports injury claims

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Personal Injury—sports injury claims
  • Section 1 of the Compensation Act 2006—the deterrent effect
  • Who might be sued?
  • Claims against fellow participants
  • Trespass to the person
  • Negligence
  • Volenti non fit injuria
  • Claims against match officials, most notably referees
  • Claims against organisers of events
  • Children and young persons
  • More...

The courts, when dealing with claims arising from participation in sport, recognise to a certain extent the acceptance by participants of some degree of risk, especially in contact sports.

That is not to say however, that the defence of ‘volenti non fit injuria’ (the willing assumption of risk) has a broad application in the context of claims in negligence. A rugby player is not said to have voluntarily assumed the risk of injury by another player’s negligence simply by taking to the field.

See Practice Notes: Assumption of risk in sports and leisure claims and Did the claimant consent to the risk of injury?

Section 1 of the Compensation Act 2006—the deterrent effect

Section 1 of the Compensation Act 2006 provides:

'1 Deterrent effect of potential liability

A court considering a claim in negligence or breach of statutory duty may, in determining whether the defendant should have taken particular steps to meet a standard of care (whether by taking precautions against a risk or otherwise), have regard to whether a requirement to take those steps might–

(a) prevent a desirable activity from being undertaken at all, to a particular extent or in a particular way, or

(b) discourage persons from undertaking functions in connection with a desirable activity'.

Further, see Practice Note: Breach of the duty of care in personal injury claims in relation to the Social Action, Responsibility and

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