With the recent death of the IndyCar race driver Dan Wheldon, the issue is once again raised regarding the risks associated with professional sports.
We are all aware of the associated risks in sports, and IndyCar racing is no exception. The fact that we are aware of the risks is detrimental factor when claiming for personal injury arising from a sporting activity. It can be often quite difficult to make a claim, as there are always inherent risks involved in sporting activities.
When dealing with a personal injury case arising form a road traffic accident or an accident at work, the law requires you to prove a duty to take reasonable care was breached and has subsequently caused an injury. In sporting activities, a high standard of breach of duty is required given the inherent risks involved, and there is requirement to show that the Defendant’s conduct was ‘Reckless disregard’. This term has a arisen from the famous case of Wooldridge and Summer [1963] 2 QB 43, of which the meaning can be elaborated form the words of Lord Justice Sellers
“If the conduct is…reckless and in disregard of all safety of others so that it is a departure from the standards which might reasonably be expected in anyone pursuing the competition …”
When applying the law to the recent tragedy of the death of Dan Weldon it seems inevitable that questions will be asked of whether the event organisers of the Las Vegas IndyCar race were reckless and in disregard of the safety of the racing drivers involved in the race.
Due to high standard required to show a breach of duty in a sporting activity has occurred, it is important that you have a Solicitor with the experience to deal with the difficulties of sporting claims. At The Injury Lawyers, we hold a wealth of expertise in dealing with sporting claims and will be able deal on a Genuine No Win No fee basis and, as always, provide you with a 100% of the compensation.
