Insights / Sports liability

Sports Injury and Concussion Claims

High-Impact Sports and Injury Risks

High-impact sports such as Australian rules football, rugby, and hockey come with significant injury risks, particularly concussions. However, proving liability is challenging because players consent to these risks as part of the game.

Liability claims can target various parties, including governing bodies, clubs, referees, players, organisers, and clinicians, depending on who failed in their responsibilities regarding rules, safety, or care.

UK Rugby Concussion Case

Over 300 rugby players, both professional and amateur, are suing World Rugby and other entities, alleging they were not adequately warned about the risks of concussions. The case faces several challenges, including limitation periods, establishing duty of care, causation, and defences like "you knew the risks." The evolving science and knowledge over time are crucial factors in this litigation.

Netherlands: Small Scale, Big Potential

While there are no class actions yet in the Netherlands, individual claims from footballers and cyclists are emerging. A Supreme Court case recently held an organiser liable for a fatal roller-skating fall, indicating strict liability standards.

With approximately 76,000 head injuries annually and a professional footballer’s CTE found post-mortem, it is anticipated that larger claims will arise as awareness increases.

Canada’s Rough Sports Legacy

The NFL settled a $1.46 billion concussion class action in 2014, and the NHL paid $18.9 million in 2018. Despite these settlements, new claims continue to surface, such as a wrongful death suit against the NHL over multiple concussions.

Liability risks extend to amateur sports as well, exemplified by a junior hockey player suing their coach for not removing them from play after a hit.

Australia’s Emerging Claims

A class action against the AFL involves 70-80 players and their spouses, alleging the league knew about concussion risks but failed to act. The claims focus on breaches in safety and duty of care.

Establishing causation is challenging since CTE can only be diagnosed post-mortem.Additionally, state laws capping damages at around $750K may lead to settlements rather than full trials.

Safety Shifts and Liability Risks

Leagues such as the NFL, NHL, and rugby unions have implemented rule changes to reduce risks, including banning head-first tackles, adding concussion spotters, and reducing training hits. These measures aim to mitigate risks and maintain the support of parents and insurers.

In the Netherlands, stricter employer liability is anticipated with a 2025 health report potentially setting new protocols. Clubs that ignore these protocols may face significant payouts if players sue.