Sports injuries & the law. An introduction to the law of negligence & occupiers liability

Transcription

1 Sports injuries & the law An introduction to the law of negligence & occupiers liability

2 2 Defining the law of negligence Negligence Is a duty of care owed by D to C? Has D breached the duty of care owed to C? Is there a causal link between the breach of duty & the harm caused to C?

3 3 The duty of care Each person owes a duty of care to all reasonably foreseeable others affected by their actions In the prevailing circumstances, that person must exercise all objectively reasonable care to avoid causing reasonably foreseeable injury to those others Circumstances can include accepted standards of best practice, codes of conduct, rules of a sport, customs & inherent dangers

4 4 Breaching the duty of care Not a standard of perfection Have you dropped below the standard expected of a reasonable & competent: Athlete Coach Referee Sports centre manager

5 5 Causation: reasonable foreseeability Was the injury caused to the victim reasonably foreseeable by a reasonably competent person standing in place of the Defendant? Was the risk of injury so obviously foreseeable that it is an inherent risk of participation in that activity?

6 6 Vicarious liability Where an employee is responsible for the Claimant s injuries, the employer is usually be answerable in law No need for negligence or any other misbehaviour from employer As employer benefits from employee s actions, must bear responsibility for the employee s negligence Is the negligent conduct so closely connected to the employee s employment that the employer ought to be liable for the harm caused?

7 7 Compensation Act section 1 A court considering a claim in negligence or Occupiers Liability may have regard to whether a requirement to mitigate against specific risks might: prevent a desirable activity from being undertaken at all, to a particular extent or in a particular way, or discourage persons from undertaking functions in connection with a desirable activity

8 8 Voluntary assumption of risk Defence to a claim of negligence Victim cannot sue for injuries caused from a risk that was voluntarily run Can include being warned of the risks before participation

9 9 Athlete v Coach & Club/Centre Duty to take reasonable care to coach the players properly & in a way that does not cause them injury Breach D drops below the standard of coaching expected at that level of play Causation C s injuries are a reasonably foreseeable consequence of D s poor coaching Club vicariously liable for the conduct of the coaches

10 10 Athlete v Referee & GB/Centre Duty to take reasonable care to run the game in a way that does not injure players Breach D drops below the standard of refereeing expected in that game Causation C s injuries are a reasonably foreseeable consequence of D s poor refereeing NGB vicariously liable for the conduct of its officials

11 11 Athlete v Venue Owner/Operator Occupier: has sufficient control of the premises to enable them to be made safe Generally, the owner of the premises is the Occupier BUT the organiser of an activity or event can also be the Occupier Visitor: has express or implied permission of Occupier to be on the premises for a specific purpose Occupier can place restrictions on Visitors conduct a Visitor can become a Trespasser by behaving in excess of their permission

12 12 Occupiers Liability Act 1957 OLA 1957 s2(2): A duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited by O to be there Adults who choose to engage in physical activities which obviously give rise to a degree of unavoidable risk may find that they have no means of recompense if the risk materialises so that they are injured

13 13 Warnings O can discharge the duty owed to V by the provision of warnings s2(4)(a) is the warning sufficient to enable V to be reasonably safe?

14 14 Defences and exclusions Risks willingly accepted by V s2(5) Contributory negligence Exclusion of liability s2(1) UCTA 1977 S2(1) O of business premises cannot exclude liability for death or PI S2(2) O of business premises can only exclude liability for property damage if the exclusion is reasonable Non-business premises can only exclude liability to Vs where they have taken reasonable steps to bring the exclusion to the attention of V

15 S1(3) - duty owed by O to T only where: (a) O is aware of the danger or has reasonable grounds to believe that it exists; and (b) O knows or has reasonable grounds to believe that T is in the vicinity of the danger or may come into its vicinity; and (c) the risk is one against which, in all the circumstances of the case, O may reasonably be expected to offer T some protection. S(1)(4) - the duty is to take such care as is reasonable in all the circumstances of the case to see that T does not suffer injury on the premises by reason of the danger concerned 15 Occupiers Liability Act 1984

16 16 Warnings, exclusions and defences Section 1(5) - duty may be discharged by O taking such steps as are reasonable in the circumstances to give a warning of the danger concerned or to discourage persons from incurring the risk includes disclaimers Section 1(6) O does not owe a duty of care in respect of risks willingly accepted by the T includes contributory negligence

17 17 Thanks! Professor Mark James