Sports injury claims are very different to the usual run-of-the-mill injury claims and in my opinion require special consideration.
This is because of the law of ‘consent’. It is very common for the other party (the Defendant) to say allege that those partaking in sporting events know the risks of the sport and should bear the consequences. Most Defendants also usually claim that those involved in sporting contests (as either a participant or a spectator) consent to some risk of injury.
For example a Defendant could allege that in a football match – a footballer ‘consents’ to some risk of injury from a tackle, and even a good tackle still holds risks that some injury still might be caused.
This was the case in Smolden V Whitworth with the judge held that the injured person ( the Claimant, in this case a rugby player) had consented to the ordinary incidents of the game – but this stops at a point were the incident becomes more than ‘game related and turns into ‘reckless regard’. Reckless regard is when the Defendant breaches his standard duty of care to not cause injury e.g. (in football or rugby, an example would be dangerous foul play).
If one competitor injures another, by ‘reckless regard’, this may give rise to both a cause of action for assault and also a claim for compensation. You should note that Assault is ‘ trespass to a person’ and the law states that no rules of practice of any game can make an assault lawful. So if you have been injured in a sporting event by a competitor who has acted with reckless regard, then you may be eligible to make a claim for compensation for your injury and financial losses.
