Can you make a claim for a Sports Injury?
Thursday, 1 July 2021
Most sporting injuries are generally unavoidable accidents even though some sports pose a higher risk than others. For example, you are placing yourself at higher risk when taking part in certain sports such as Boxing, Wrestling and Rugby.
Many people believe that by taking part in the sport in the first place you have given your consent to risk of injury. However, there are certain situations where the injury caused to the individual was not by accident. It is in these cases whereby a claim for compensation resulting from a sporting injury can be made.
Most sporting injuries are associated with participants of the sport however spectators can also suffer injury and may be entitled to make a claim for injuries suffered.
Circumstances that can result in a sports injury for players, for example:
Injuries are an unavoidable aspect of playing sports. Some injuries are directly linked to certain sports which are common and unavoidable. For example, a boxer would be more likely to suffer from a broken nose and a runner would be more likely to suffer from shin splints.
For an individual to be able to claim compensation from a sporting injury, the injury must have taken place under circumstances beyond the standard expected. For example, if a boxer is maliciously hurt by his opponent after the referee has stopped the fight can make a claim.
Another scenario would be if a running track was badly maintained and not fit for purpose, and this in turn caused a runner to suffer injury, a claim can be considered. Playing areas, courts and equipment can be poorly maintained and unsafe which can result in serious injuries.
Circumstances whereby spectators can be injured:
Spectators attending a sports event can also claim compensation where they have suffered an injury during the event taking place. The idea for this is that any spectator watching the game should be allowed to watch the game safely.
The onus is on the group hosting the event, ensuring that the area/premise is suitable, maintained, and compliant with all health and safety regulations for those who will be spectating the event. In the event the compulsory measures are not adhered to by the company and a spectator suffers an injury as a result, a claim for sport injury compensation can be made.
Game riots and Stampedes can also lead to injuries for spectators. These are common between unhappy fans causing violent outbreaks whereby the public around them suffer some injury. A main example of this is the Hillsborough disaster. If a spectator suffers injury because of a stampede or fight at a event, they ca be entitled to compensation arising out of a sport injury claim.
If you have suffered a sporting injury which is no fault of your own you should do the following to support your claim for compensation:
1. You will need to seek medical assistance.
- It is vital you seek medical assistance immediately which will help diagnose the injury and get you the treatment required to help aid recovery.
2. You will need to collate evidence.
- You must begin to gather and put together your evidence. Note down any witnesses from the scene who saw what happened. Photographs of any defective equipment or playing surfaces. This will act as additional proof of the events that led to the injury.
- Any injury related expenses, it is essential to retain these in the event you wish to reclaim these.
- Medical documents such as records.
3. Legal Advice and appoint solicitor
- It will be vital to contact a lawyer who specializes in injury claims. The lawyer from considering your claim will be able to provide advice on prospects of success and whether you will be able to receive compensation.