Injuries incurred whilst playing sport can be serious, and in some circumstances, fatal. Unfortunately sports can be dangerous and it is an accepted danger of engaging in sporting activities that there is a possibility of injury. However, in terms of sports injuries, there are some common scenarios which result in a personal injury claim. As with any injury claim, you will not be successful in your claim unless a third party is ruled to be at fault for the injury.
When Can I Make A Sports Injury Claim?
A sports injury claim will be viable in a situation where a third party is clearly at fault for the injury you have sustained. For example:
1. Faulty equipment – if you are provided with faulty equipment, perhaps by a school or another institution, you could have grounds to make a claim against the institution. If you buy equipment which then causes you injury, you may be able to make a product liability claim against the manufacturer of the equipment. Your product liability claim would successful if the company have made one of the following errors: a manufacturing error, a design fault, a failure to issue a product recall once an issue has been highlighted with a product or lack of warnings and competent instructions provided with the product.
2. Lack of supervision – if you or your child has been involved in an accident which was due to a lack of appropriate supervision, it could be ruled that the supervisor is at fault for the accident. When you put your safety or your child’s safety in the hands of another, you expect them to act appropriately to ensure you/your child is not put in situations they are untrained to deal with, or given tasks above the level they can deal with. Equally all the teaching provided should be of an appropriate standard. If an accident has occurred due to a coaching failure you may also have grounds for a claim.
3. Foul play – Unfair sportsmanship may be leave you with a viable claim. However, you must be aware that not everything falls into this category. I can be hard to prove a malicious action from a misjudgement. A violent action with the intent of harm will be grounds for a claim against the offending individual. You may find you need the evidence of witnesses to support a claim of this kind.
4. Badly maintained facilities – finally, an institution has a responsibility to maintain their facilities to a level where they do not cause injuries to those who use them. If an institution is breaching health and safety regulation in some way or has failed to repair a fault which has caused you harm you can make a claim against the institution.
Contact Us
Contact us at Freeman Harris today if you would like to make a sports injury claim, our specialist personal injury solicitors will be able to give you the advice you need. Call 020 7231 7150 or fill in an online enquiry for a completely free initial consultation with one of our team.
