Taking part in sport carries inherent risks, but not every injury is simply part of the game. The level of risk varies, for example, a jockey faces greater danger than a golfer.
In contact sports like rugby, injuries are expected. If they occur during fair play and within the rules, there is generally no claim. However, if a player is clearly in breach of the rules and causes injury, a case may arise. To succeed, the injured party must show a duty of care existed and it was breached causing an injury.
Clubs and organisers can also be liable. For example, allowing play on unsafe pitches after severe weather could lead to claims. The same duty extends to spectators and others present, facilities such as seating and barriers must be safe and fit for purpose.
A recent case, Carroll v. Phelan & Others (2023), illustrates this. The plaintiff was injured at a camogie club after tripping over seating while assisting at training. The court found the club had failed to carry out a proper risk assessment, but also held that the plaintiff contributed to the accident. Liability was split 50/50, and €47,000 was awarded.
The Court of Appeal upheld this decision, confirming that while the plaintiff bore some responsibility, the club’s negligence remained a key factor.
⚠️ Important lesson:
Winning your case doesn’t always mean winning financially.
Because the award was under €75k, costs were limited leaving the plaintiff potentially out of pocket.
💡 Takeaway:
Don’t assume every sports injury leads to a claim and always get solid legal advice on both liability and where to bring your case.
If you have any questions our specialized team is here to help.
You can contact McCormack Solicitors on
Email: info@carolmccormacksolicitors.ie
Phone: 071 9621846
www.carolmccormacksolicitors.ie
Disclaimer:
The contents of these pages are provided as an information guide only. While every effort is made in preparing material for publication no responsibility is accepted by or on behalf of McCormack Solicitors for any errors, omissions or misleading statements on these pages or any site to which these pages connect.