Sports injuries: Understanding your rights
Sports injuries can have a profound impact on your life, ranging from long-term mobility issues to serious brain injuries and even paralysis. Whilst high-risk sports such as rugby or horse riding are commonly associated with serious injuries, accidents can occur in almost any sporting environment – even at the gym.
At Bolt Burdon Kemp LLP, we have extensive experience helping people secure compensation after sports injuries. Our goal is to guide you through the process whilst putting your physical and mental wellbeing first.
Bringing a claim
You may be entitled to compensation if you can show that:
- The defendant owed you a duty of care – they had a responsibility to act safely;
- The defendant breached that duty – they failed to act responsibly or safely;
- You suffered an injury – and it was directly caused by that breach.
If you were participating in a contact sport, this does not automatically prevent you from claiming. Injuries caused by reckless or illegal actions may still entitle you to compensation.
Who can be held responsible?
A claim may be made against:
- Other participants – if they acted recklessly or negligently;
- Referees or officials – if their actions (or lack of action) contributed to the injury;
- Sports clubs or associations – sometimes these organisations are vicariously liable for the actions of staff or players, provided the individual was acting within the scope of their role.
For example, if a rugby player commits an illegal tackle that causes serious injury, the injured participant might be able to claim against both the player and the club.
Assumption of risk
All sports involve some level of risk. For example, boxing or rugby inherently come with the possibility of injury. This is known as assumption of risk. However, there are limits. You may still have a valid claim if your injury was caused by actions clearly outside the normal course of play, such as:
- Reckless or illegal moves by another player;
- Unsafe equipment or facilities;
- Failures by referees or officials that create unnecessary danger.
Whether an action falls within the scope of assumed risk depends on the specific facts of your case.
Additional considerations
Some important points to keep in mind:
- An error in judgment or a lapse of skill alone is usually not enough to establish liability.
- Incidents that are inherent to the sport generally do not give rise to a claim.
- Proving a breach of duty often requires showing that the other party acted with reckless disregard for your safety.
In many cases, expert evidence, medical reports or video footage may be needed to support a claim. The weight of this evidence depends on the circumstances of your case.
Practical steps if you are injured
- Seek medical attention immediately – your health comes first.
- Document the incident – take photos, note details of what happened, and record witness information.
- Keep treatment records – invoices, receipts and medical reports can support your claim.
- Avoid admitting fault – stick to the facts when discussing the incident.
Get in touch
At Bolt Burdon Kemp, we specialise in complex personal injury claims whilst prioritising the wellbeing of our clients.
If you or a loved one has suffered a sports injury, do not hesitate to contact our personal injury experts. We will guide you through every step of the process and help you understand your options for compensation.
