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employment relationship with the player defendant, subject to the player’s ability to asbestos fibres. In claims arising from
(giving rise to a duty of care) and the identify the doctor. In any event, the club asbestos exposure the High Court of
club’s ability to exercise control over the which engaged the doctor would likely Australia has held that a cause of action
management of the injury, such as when be vicariously liable for any negligent acts accrued when the initial cell changes
they can return to the field. or omissions in the doctor’s treatment of occurred . Adopting this approach to
In professional football where players the player. concussion claims, the cause of action
may be employed by a number of clubs would arise once some relevant change
during the course of their playing career, WHEN DOES THE CAUSE OF occurred in the plaintiff’s brain tissue.
identifying the potential defendant can ACTION ARISE? Accordingly, the limitation period of 3
become problematic unless a player can Unlike conventional personal injury years for personal injuries claim would
identify a specific incident or a series of claims, concussion related claims throw commence from this time.
incidents thus enabling them to identify up potential challenges in litigation However, in addition to the time lag
the club by which they were employed at because of the interval of time between between the events on the playing field
the time of the incident. the events on the playing field and the and physiological changes in a claimant’s
onset of more debilitating symptoms, brain, there may be a further interval
Treating doctors often after the player has called full time of time, possibly greater than 3 years,
Where a player has received medical on their career. between those physiological changes
treatment on the sideline or at some The situation is analogous with occurring and neurological symptoms
other point by a medical practitioner claims involving exposure to asbestos, manifesting themselves.
engaged by the player’s club, the where tissue changes in the lungs can Such a delay would not be fatal to
treating doctor would also be a potential occur many years after the inhalation of the claim. Limitation legislation in

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