Amateur Sport, Concussions and Duty of Care

With the close of the World Cup 2014 in a few days time, and NSW finally bringing home the State of Origin, it is inevitable that amateur sport participation, especially in Rugby League and Soccer, will increase. But who owes a duty of care to these recreational sports' players to ensure their safety while playing their chosen sport?

The Duty of Care in Sport

Anyone who has an official capacity to organise and manage sport programs and events has a duty to make such activities as safe as possible for anyone who participates.

Persons in an official capacity include coaches, referees, coordinators, club administrators, grounds caretakers and owners of the sport facility.

Persons who participate include players, player supporters, spectators, coaches, referees and other officials such as time keepers and helpers.

Safe as possible means that efforts are made to:

• Make checks prior to the sport activity to identify and remove hazards from the environment in which the activity takes place;
• Educate participants to undertake the activity safely as possible (this includes ensuring that participants know and understand the rules of the game and wearing protective clothing/equipment);
• Supervise participants as they undertake sport activities particularly if they are children or have an infirmity; and
• Ensure that there are persons on hand who can respond appropriately to emergencies. This usually involves the provision training and the development of procedure.

The actions that sport managers and supervisors must take to make participation as safe as possible will depend, to some extent, on the participants themselves. The law tends to view that some people in society are owed a higher standard of Duty of Care as they are less able to look after themselves. This group includes children, especially those who may be playing amateur sport considered in a high risk category.

Performing the Duty of Care in Sport

Participation in sport is an inherently risky business and many injuries and even deaths do occur. Provided that sport managers have carried out their Duty of Care, then there is no redress for participants if they are injured in the pursuit of a normal sport activity. The following actions are typical of what needs to be undertaken by sports administrators to fulfil the Duty of Care:

• Sport officials and coaches must be properly accredited
• Sport facilities must be checked for safety and hazards removed prior to sport activity
• Children and/or other vulnerable segments of the population should be supervised when they participate in sport activities.
• Implements used in the pursuit of sport are in good working order
• Sport participants are appropriately prepared for the sport activities they undertake. This includes health checks, fitness training, coaching and knowledge of rules.
• Injured persons are withdrawn from participation as soon as the injury comes to light.
• Behaviour that may increase the possibility of injury is discouraged and action taken against persistent perpetrators of inappropriate behaviour.

Breaching the Duty of Care in Sport

In a case whether a sport participant is suing the sports organisation for negligence, the court might consider, for example, whether the sport organisation had:

• A system for checking the accreditations and qualifications of coaches and referees;
• Conducted risk audits;
• Implemented risk management policy and procedure to minimise risks;
• Employed or appointed competent persons to maintain supervision; and
• Maintained facilities at expected standards.

It would be unreasonable to expect that a sport organisation was flawless in carrying out all aspects of risk management. It is more a case that of what is reasonable to expect.

Implications of Duty of Care in Sport

There have been multiple cases, especially in the US National Football League, of players who have sued the organisation claiming repeated head injuries and concussions while playing the sport led to brain degenerative diseases.

When talking about junior contact or collision sports, the impacts of repeated concussions caused by deliberate or accidental injury has been shown to cause cognitive problems and possible encephelopathy (a degenerative disease causing symptoms similar to dementia).

Although medical officers in Australia from all junior sporting codes have downplayed the impact of the US settlements, it is not in doubt that the duty of care, especially resting on amateur sporting organisations, is more important than ever.

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Australian Sport - the Law and Sport

Duty of Care in Sport

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