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EDITORIAL

may be justified, but too often they are
THERE compensation when the fault does not
speculative and designed purely to obtain
lie with sports organisation at all, but is
completely outside of their control.
Insurance addresses the risks of a
claim being made and provides the means
to defend such claims whilst ensuring
MUST the financial and reputational risk of the
that genuine claims are settled, protecting
sports association or club.
A case to illustrate the point occurred
in May this year when two Sportscover
insureds were being sued for $750,000 in
damages.
The defendants own and operate an
ALWAYS BE South Wales. The centre holds amateur
indoor sports centre at Penrith, New

indoor sporting competitions such as
soccer, netball and cricket.
A 39 year old man alleged that he
was involved in a game of indoor soccer
in September 2012 during which three
SOMEONE attacked, assaulted, battered and ill-
members of the opposing team “viciously
treated” him. He alleged that he suffered
multiple fractures to his skull, a fractured
jaw, a fractured eye socket and significant
injuries to his face, head, neck and
legs requiring multiple operations and
resulting in psychological trauma.
TO BLAME! the insureds and three members of the
He commenced proceedings against
opposing team on the grounds that the
insureds failed to ensure that he would
not be exposed to the misconduct of
other players and the insureds failed to
engage a referee who was experienced,
accredited and properly trained.
The Plaintiff argued that his injuries
were caused by the criminal acts of the
Steve Boucher
other team players and the insureds’
failure to prevent those acts. There is a
itigation is an all too frequent own actions or to recognise that some difference between aggressive behaviour
Land sad fact of life these days. The things that we do have an inherent level which might expose another player to
Western world has developed into a of danger attached to them, but we still a risk of injury and behaviour which is
blame culture - needing someone to do them anyway, or that simply things deliberate and vicious. Behaviour such as
blame and someone to pay for every go wrong especially when humans are smashing someone’s head into a concrete
physical or mental injury or damage to involved. wall is not typically part of an indoor
property that we sustain however it has Unfortunately, so it is with sport. soccer game...well not in the matches I
occurred. Because organised sport can sometimes have played in!
Some of the claims are of course result in injury, associations, coaches and The defence to that was that, in
legitimate because of negligence by one venue owners often become the focus of general, an owner or occupier of a
party. However, often people seem to a claim for compensation by those who premises does not owe a duty to prevent
be unable to take responsibility for their have been hurt. Sometimes the claims injury to a person consequent on the

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