EWJ June 2024 web - Journal - Page 25
thought to have been caused by repeated head
injuries during his playing career.
Lessons for governing bodies and sporting
organisations
Governing bodies are tasked with balancing the need
for player safety while maintaining the entertainment
value of their sports.
A similar case was faced by the National Football
League (NFL) in the United States, where it is
reported that nearly $1.2 billion has been paid to over
1,600 former American football players and their
families.
The introduction of rules like permanent concussion
substitutes aims to mitigate risks without compromising the game’s integrity. However, the financial and
cultural impacts of such changes are significant and
demand careful consideration.
Concussion injuries are not the only risk factor in
sport.
The sports world was recently shaken by the tragic
death of Adam Johnson, a professional hockey player,
in the Elite Ice Hockey League in England. A collision
with an opponent and a subsequent neck injury from
the other player’s ice skate led to England Ice Hockey
mandating neck guards in all games below the Elite
League from January 2024.
How can we help you?
As court actions and liability for sporting incidents
become more prevalent, the push for greater
accountability grows.
For governing bodies and sporting organisations,
navigating the intricacies of legal standards, athlete
safety and organisational responsibility is crucial.
These incidents highlight the critical risks in sports,
forcing governing bodies to take proactive safety
measures.
The evolving landscape emphasises the importance of
proactive safety measures and an acknowledgment of
the enduring nature of sporting risks.
Legal implications for individual participants
In the recent English High Court case of Czernuszka v
King [2023] EWHC 380 (KB), Dani Czernuszka pursued damages in negligence against Natasha King due
to a tackle in an amateur rugby game that resulted in
Czernuszka suffering spinal injuries, leaving her paraplegic and wheelchair-dependent. The tackle took
place during Czernuszka's first competitive rugby
game and the key legal question revolved around
whether King’s tackle that caused the injuries
fell below the standard of care expected in the
circumstances.
If this article has raised any queries or questions for
you regarding your obligations and potential liability,
please get in touch with our Health and Safety team or
the wider Workplace Risk and Regulation team, or
your usual Sheperd and Wedderburn contact.
To find out more about our sports law expertise see,
https://shepwedd.com/expertise/sports-law
Authors
Kevin Clancy, Partner.
Yaser Razouk, Trainee.
www.shepwedd.com
The court considered several factors including:
l the nature of the game (amateur rugby, but with
King’s team playing in an apparently aggressive
manner);
l the level of physical contact inherent in rugby; and
l the actions of both players involved in the incident
(King was a relatively experienced player; Czernuszka
was not).
Mr Nimalan Maruthainar
Consultant Trauma & Orthopaedic Surgeon
The court found Natasha King liable for negligence
(King tackled Czernuszka by pulling her off her feet,
driving her towards the ground, and with her body
taking most of King’s weight when both players
landed on the ground), showing that potential legal
implications can also extend to individual participants
in sports. The tackle was executed by King with a
reckless disregard to her opponent’s safety - which
resulted in the spinal injuries Czernuszka sustained.
FRCSEd (Tr & Orth), MB BS, BSc (Hons)
The legal test for negligence
Determining negligence involves a three-part test:
scaphoid fractures, primary bone tumours, Gaucher's disease, the
Mr Maruthainar practices at the Royal Free Hospital (NHS) and
the Hospital of St John and St Elizabeth. His practice covers general
orthopaedic surgery and orthopaedic trauma, and undertaking
primary and revision knee and hip replacement procedures.
Mr Maruthainar has a special interest in surgery to the hip and knee,
including Hip and knee replacement and revision surgery, anterior
cruciate ligament reconstruction, hip joint resurfacing and fracture
treatment
Peer reviewed publications include work on the management of
interpretation of radiographs in the emergency setting and the
peri-operative care of patients.
l who owed the player a duty of care;
He is advisor to various medical organisations on orthopaedic
matters and has a local lead role in training.
l whether their actions fell below the accepted
standard; and
Contact: Mrs M Bowring
l whether the harm suffered was reasonably
Tel: 07871 269 062 - Fax:01923 232 588
foreseeable.
Email: osteon@btinternet.com
Applying this test can be complex, with potential
liability extending to several parties.
Hospital of St John and St Elizabeth, 60 Grove End Road,
EXPERT WITNESS JOURNAL
Brampton House Consulting Rooms,
St John's Wood, London, NW8 9NH
23
JUNE 2024