How do you balance risk and duty in sport?
Posted: Tuesday 24 January 2012
The widow of a former England footballer has said the FA has never accepted how the game contributed to her husband's death.
Jeff Astle, who played for West Bromwich Albion during the 1960s and 1970s, died 10 years ago.
BBC News recently reported that a coroner ruled that the 59-year-old had suffered brain damage caused by heading heavy leather footballs. It went on to say that the FA said "conflicting opinions" remained on the possible effects of heading a football over time. You can read the full story here http://www.bbc.co.uk/news/uk-england-16610029
But what is the wider issue as far as the law is concerned? How do you balance between, on the one hand the inevitable risks of sustaining certain injuries both immediate and long term which are a natural part of the excitement and physical challenge in many sports, and on the other the duty the law imposes upon a person to take reasonable care not to injure those they come into contact with?
Personal Injury expert at Morton Fraser, Jim Herd comments:
“So, the rugby team may wish to provide its players with gum shields because of the foreseeable risk of players having their teeth knocked out, the amateur boxing club should provide or make head guards mandatory for training as well as bouts. It is now well known that repeated head trauma can cause long term problems and in football I suspect that at the time Astle played the connection was not as well appreciated as it perhaps is now. Despite the common view from players studies seem to show that modern balls deliver much the same force as the old ones.
Once it is recognised that such injuries are linked to heading a football the question arises of whether and to what extent that risk can be removed or controlled.”
As with amateur boxing, will the day come when football players' require to wear head guards or their club could be exposed to a claim ?
If you would like to have an initial chat about any aspect of personal injury you can contact Jim at jim.herd@morton-fraser.com
