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*Alex McKinnon receives treatment
after the incident
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RISK MANAGEMENT FOCUS
A
lex McKinnon, the Newcastle
Knights player who suffered
a catastrophic spinal injury as
a result of a dangerous tackle during
a rugby league match in March 2014,
recently indicated that he would be
pursuing a claim for damages against
the National Rugby League and other
parties.
The potential claim highlights the
significant issues relating to the potential
liability of governing bodies, players,
professional sports clubs and governing
bodies along with causation and
potential defences under the common
law and civil liability legislation.
POTENTIALTARGETS FOR
CLAIMS
Governing bodies:
Although Alex McKinnon has
foreshadowed a claim against the
National Rugby League, previous claims
against governing bodies in rugby union
(Agar -v- Hyde (2000) HCA 41) and
rugby league (Green -v- Country Rugby
Football League of NSW Inc (2009)
NSWSC 26) have been unsuccessful.
The critical factor that resulted in the
failure of those claims was that despite
being in a position to set rules for the
conduct of matches, the governing
bodies were relatively remote, with
limited ability to control events on the
playing field.
Opposing players and clubs:
Consequently, the most relevant
potential targets for any claim in
professional rugby union or rugby
league would be the player or players
who executed the tackle. As seen in
McCracken -v- Melbourne Storm
Rugby League Football Club & Ors
(2005) NSWSC 107 the players’
club would be vicariously liable for
acts committed in the course of
their employment with the club. In
McCracken, two players from the
Melbourne Storm club spear-tackled
Jarrod McCracken, causing a career
ending injury in what was found to be a
dangerous tackle. Although the tackle
was one which was outside the rules of
the game, it occurred in the course of
their employment with the club and
Hulme J noted there was no suggestion
that the Club would not be found liable
for the conduct of its players.
WHO’S
HOLDING
THE
LIABILITY
BALL
FOR CATASTROPHIC
SPORTING INJURIES?
James McIntyre