Sports Clubs Liable for On - Field Injuries
The Court of Appeal has ruled that a rugby club must pay damages for an injury caused when one of its players deliberately punched an opponent during a match.
The incident occurred during a National League Division 2 rugby union match between Halifax and Redruth. Halifax player Andrew Gravil had his eye socket broken by a punch from Redruth player Richard Carroll. As a result, Mr Gravil required eye surgery and was out of the game for six months.
Mr Gravil brought a claim against Mr Carroll for the pain, suffering and loss he endured because of the injury. Mr Carroll did not dispute the case and was held liable but failed to pay the damages award of £8,500.
Mr Gravil therefore sued the club. He argued that Redruth had encouraged aggressive play by introducing a results-based bonus system.
The judge in the lower court rejected the claim, saying that the club could not be held responsible for the actions of one of its players. This decision was upheld by the High Court but has now been overturned by the Court of Appeal. The Court found that as Mr Carroll’s employer, Redruth was vicariously liable for Mr Gravil’s injuries.
The landmark ruling means that sports clubs can be held responsible for on-pitch injuries where players have a contract of employment with the club – whether or not they are full-time professionals. It will no doubt provide a strong incentive for sports clubs to ensure that their players are discouraged from dangerous play.
As a result of the ruling, Redruth must pay Mr Gravil damages of £9,375, which includes interest on the original award.
A young footballer who was on Manchester United’s books is currently pursuing a similar claim after his career was ended following a tackle in a reserve match against Middlesbrough Football Club.
The incident occurred during a National League Division 2 rugby union match between Halifax and Redruth. Halifax player Andrew Gravil had his eye socket broken by a punch from Redruth player Richard Carroll. As a result, Mr Gravil required eye surgery and was out of the game for six months.
Mr Gravil brought a claim against Mr Carroll for the pain, suffering and loss he endured because of the injury. Mr Carroll did not dispute the case and was held liable but failed to pay the damages award of £8,500.
Mr Gravil therefore sued the club. He argued that Redruth had encouraged aggressive play by introducing a results-based bonus system.
The judge in the lower court rejected the claim, saying that the club could not be held responsible for the actions of one of its players. This decision was upheld by the High Court but has now been overturned by the Court of Appeal. The Court found that as Mr Carroll’s employer, Redruth was vicariously liable for Mr Gravil’s injuries.
The landmark ruling means that sports clubs can be held responsible for on-pitch injuries where players have a contract of employment with the club – whether or not they are full-time professionals. It will no doubt provide a strong incentive for sports clubs to ensure that their players are discouraged from dangerous play.
As a result of the ruling, Redruth must pay Mr Gravil damages of £9,375, which includes interest on the original award.
A young footballer who was on Manchester United’s books is currently pursuing a similar claim after his career was ended following a tackle in a reserve match against Middlesbrough Football Club.
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Mike
Hamblin
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This decision has implications for all sports clubs that have players under contract. Not only will it necessitate a zero tolerance approach to foul play of any kind but clubs should check their insurance policies to see if they cover vicarious liability for injuries that take place during a sporting event.
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