18 July 2015
What Sports Injuries Could Give Rise to a Personal Injury Claim?
Every summer when Wimbledon is on and the sun is out, my local tennis club sees a surge in people taking to the courts to enjoy a game. With the excitement building up around the Ashes I am sure that there must be a similar increase in the number of participants playing cricket, be it in the playground at school, out on the field or just in the park.
Sport England’s participation figures show an increase of 1.4 million adults playing sport over the last nine years. Participation in athletics, table tennis and netball has grown. The total number of adults playing sport at least once a week is now up to 15.5 million. Whilst this is clearly something to celebrate there is the potential for more sporting accidents and injuries.
Some of the most common causes of sports injuries include not warming up properly, pushing your body too hard, using a poor technique or inappropriate/defective equipment; as well as tackles, heavy blows and even being injured by an instructor in certain sports such as martial arts.
When Can you Claim Compensation for a Sports Injury?
It doesn’t matter if you were playing cricket, tennis, football, rugby, skiing, snowboarding, the sport is irrelevant, what matters is how the injury was sustained.
Establishing negligence or recklessness is key to sporting injury compensation claims, so it is essential to gather witness statements detailing the factual circumstances. It is crucial to get evidence from witnesses as soon as possible after the event so they don’t forget what happens.
If the referee or umpire saw what happened this could be valuable evidence in your sports injury claim. Post-match reports are also very useful as evidence in making a claim.
In some cases the incident will be caught on video, which will enable an independent expert to review the incident and prepare an opinion. I have dealt with many football incidents where video evidence was available. In some instances the state of the facilities can be criticised, such as water logged pitches, and photographic or video evidence is very helpful in doing this.
You can claim for:
- Dangerous tackles and other negligent breaches of the sport’s rules: If a tackle equates to serious misjudgement or is considered by the match official to amount to foul play then it will be easier to establish negligence.
- Negligent medical advice: If you are given poor medical treatment or advice that makes your sporting injury worse, then you could have a case for medical negligence.
- Defective equipment or lack of appropriate equipment: If the cause of your sports injury is through the use of defective or lack of equipment or the match ground itself was in an inappropriate condition you could have a claim.
- Negligent umpiring or refereeing
- Negligent or reckless use of force
Tracey Benson is a Personal Injury Solicitor who specialises in sports injury claims at Slater and Gordon Lawyers in London.
Slater and Gordon Lawyers have experience in claiming damages for athletes who have suffered dangerous tackles, been injured through negligent medical advice and defective sports equipment.
If you have suffered a sporting injury that wasn’t your fault contact our expert Sport Injury Claims Solicitors today on freephone 0800 916 9046 or contact us online and we’ll get back to you.