Liability for injuries between players in sports
The number of people playing sport and taking part in physical activity in England is at the highest level on record, according to a Sport England survey published in April 2025.
While this is excellent news for the health of our nation, there are risks that come with playing sport, especially when negligent behaviour causes serious injury. If someone is severely injured, compensation can help them continue living life to the full with the support they need, but who is liable if someone is hurt during sport? And in what circumstances can a claim be made?
It is estimated there are 30 million adults in England playing sport or taking part in physical activity every week. Football has always been the most popular participant sport in England, along with other team sports such as rugby, netball and basketball. Team sports such as these inevitably involve a degree of physical contact and risks of injury.
I have been involved in sports since I was a teenager. From playing football with friends at school and university, to Thai boxing as an adult. From personal anecdotal experience, football is especially risky for causing serious injuries.
From a professional perspective as a personal injury solicitor specialising in brain injuries, I take great interest in the laws around who could be liable for causing injuries in contact sports. In the case of Elbana v Clark earlier this year, which centred around a serious injury during an amateur rugby match, the Court of Appeal neatly reaffirmed the law on liability for injury between participants in a sport, which I set out below.
The law
Contact sports, such as football and rugby, are risky. Everyone who takes part accepts there will be physical contact and potential injuries, so how does the law differentiate between actions causing injury that are acceptable and unacceptable? The legal principles are:
· It is accepted players in a sporting contest owe each other a duty of care.
· A player will be liable for causing injury to another if they fail to exercise a degree of care that is reasonable in the circumstances.
· Non-compliance with the rules or customs of the sport is one consideration when assessing what is reasonable.
· It is possible for a player to be found to have acted unreasonably even if they have not broken any rules of the game.
· The standard of care one player owes another is objective and dependent on the circumstances. For example, there will be a higher degree of care required of a player in a League One football match than a player in a local league match.
· There will be no liability for errors of judgment, oversights or lapses that any participant might be guilty in a fast-moving contest. Something more serious is required.
The law in action
The easiest way to understand how the law operates is with real-life examples.
1) Czernuska v King [2023]
This case involved a female rugby match. Near the end of the game a scrum took place and the ball was taken out of play. Czernuska had bent down to pick up the ball from between the legs of another player and was in a vulnerable position with her head and neck exposed, not braced for a tackle. King did not compete for the ball but tackled Czernuska by putting her whole weight on her back. Czernuska suffered a broken back and was paralysed.
Other key issues were:
· King weighed between 16 and 17 stone. Czernuska was nine stone.
· King engaged in trash talk and aggressive behaviour during the game.
· King became frustrated when her team was losing, and she had injured herself tackling Czernuska earlier in the game.
· King said she was going to “break” the claimant.
· King’s tackle was unconventional and broke the laws of the game.
The judge found King was negligent and liable for causing Czernuska’s injury.
2) Elbana v Clark [2024]
This case involved a men’s amateur rugby match. The second half began with Clark’s team kicking off. Clark started just behind the halfway line and his nearest opposing player was Elbana, who had his back facing Clark. The ball was high in the air, Elbana’s eyes were on the ball, and Clark ran full speed over 12 metres in a straight line at Elbana. Clark braced for impact and drove his shoulder into Elbana’s back, who could not see Clark running towards him. Elbana suffered a serious spinal injury. At the time, the referee did not see the collision and did not call a foul. Clark was later called before a rugby disciplinary panel, which found no grounds the collision had been either dangerous or contrary to good sportsmanship.
The judge found Clark to have run directly at Elbana at full speed. The collision was reckless, and it amounted to playing an opponent without the ball in contravention of the rules and carried the risk of injury, with catastrophic consequences for Elbana. Clark was negligent and liable for causing Elbana’s injury.
If you are playing sports and have been injured by another player who was acting unreasonably, you may be able to claim compensation. It is important to consider whether the player who caused the injury has the means to pay. They may be insured as part of the team, or they may have enough personally.
Ensuring safety standards
The vast majority of people participating in sports have good intentions. Contact sports are inherently dangerous and if something goes wrong it could have catastrophic consequences. Only by holding people to account can you ensure safety standards are maintained.
At Bolt Burdon Kemp we are passionate about securing justice for those who have been wronged. We have experience in changing the law and setting new legal precedents. We won’t shy away from tough cases and are prepared to fight for justice for those who have been wrongfully injured in the course of sports.
