PERSONAL INJURY & ACCIDENT COMPENSATION

Compensation for Sporting Injuries

On 18th June 2008, the Court of Appeal (Sir Anthony Clarke, Mater of the Rolls, Lady Justice Smith and Lord Justice Richards) delivered its judgment in the case of Andrew Gravil v Richard Carroll and Redruth Rugby Football Club [2008] EWCA Civ 689. This was a very important decision in relation to accidents in the professional world of sport, whether it be professional or semi-professional sport. The simple circumstances of the case were that Gravil ( Halifax prop forward) was punched in the face by Redruth’s second row forward, Richard Carroll. Mr Gravil suffered a ‘blow out fracture’ to his right eye socket and as a consequence he had to undergo reconstructive surgery. All in all, a very nasty personal  injury indeed.

Mr Gravil brought a personal injury claim against Redruth Rugby Club, claiming they were vicariously viable for the actions of their player. At first instance, at Bristol County Court, J Harington ruled that Redruth Rugby Club were not vicariously liable for the thrown punch. On appeal to the High Court, J Gray held the same opinion.

The Court of Appeal however thought differently. The Court opined that  previous cases, Lister v Hesley Hall [2002] 1 AC 215 and Dubai Aluminium Co Ltd v Salaam [2003] 2 AC 36 had been wrongly decided. The Court held that both lower courts had ignored the issue of whether the assault was sufficiently closely connected to Mr Carroll’s employment with Redruth Rugby Club. The earlier courts had merely looked at whether it was fair and just to impose vicarious liability. In effect, the lowers courts had asked themselves the wrong question.

Per Sir Anthony (para 10)…………..‘ It was only some ten years ago that clubs like Halifax and Redruth began to employ their players. We agree with the trial judge that until then, no question of vicarious liability on the part of such clubs could have arisen.’

The Court though that it was inappropriate to take the broader view and held that it was indeed just to hold Redruth liable for the action of one of its players. The Court felt that the critical question was the nature of the employment and the assault. There was an obvious nexus between the punch and Mr Carroll’s employment. Interestingly, Mr Carroll’s contract with the club made it quite clear that he should not: physically assault or verbally abuse match opponents; and not bring the club in to disrepute. Also, Mr Carroll’s contract stated that his Redruth Rugby Club, could be held in vicarious liability for his acts or omissions. The punch was a breach of an express term of his contract.

 The Court of Appeal did not consider the position of amateur sports clubs but it now seems that if a player of a profesional or a semi-professional club causes a deliberate injury while representing their club, then the club (and of course, the player) will be liable for personal injury compensation. As we all know, even if a club has an ‘amateur status’, they may still pay a player. This may well open the door for futher claims by extension. It may also mean that a player injured by an amateur player may not be able to pursue the club, only the player. In this particular case, both players were semi-professional and held other full-time employment.

We deal with all types of accident and injury, including sporting injuries, where a match has been improperly refereed, where sides are unevenly matched, for example a low ranking amateur side of young players against a team of well trained professionals, off the ball attacks, faulty sports equipment in gyms/sports halls/swimming pools/schools/colleges, injuries sustained in a match where the referee is not qualified, chemical burns from pitch markings, etc…..

Please telephone us on freephone 0800 169 3683 for instant help and advice on your particular personal injury compensation claim. We can help you right here, right now. If you have sustained a personal injury, ring us now.