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ISSUE 19 | NOV 2014
RISKY
BUSINESS
Legal liabilities associated with injuries caused by poorly
maintained sporting equipment or playing arenas are
well known. However, recent cases have emphasised
the breadth of potential issues that face sporting bodies.
Andrew Ray
, Solicitor with DLA Piper, highlights a range
of cases that bring into focus the importance of sound risk
management and the need to implement and abide by
appropriate risk management plans.
DOCTOR’S LIABILITY
Matthew Egan, former Geelong footballer and current
Essendon assistant coach, recently issued proceedings
in the Supreme Court of Victoria alleging that Geelong’s
Sports Medicine Physician (and his surgeon) failed to
advise him of the long term risks associated with foot
surgery. Egan commenced an aggressive rehabilitation
program less than 2 weeks following surgery, but suffered
severe pain and was unable to recover in time to play in
Geelong’s 2007 Grand Final demolition of Port Adelaide.
Egan has required numerous subsequent surgeries and
alleges permanent incapacity. Sport-related Bodies
should be aware of potential liabilities associated with the
negligent advice and conduct of health and fitness advisors
and should ensure that such professionals are suitably
qualified.
DEFAMATION
(Dank v Cronulla-Sutherland District Rugby League Football
Club [2014] NSWCA 288)
The much publicised Stephen Dank issued legal
proceedings in the Supreme Court of New South Wales
against the Cronulla-Sutherland District Rugby League
Football Club (and others) alleging that the Club was
vicariously liable for defamatory statements made by
the Club’s Chairman to the effect that Mr Dank injected
players with ‘horse drugs’. The Court struck out Mr
Danks’ claim for procedural reasons (he was not aware
of the precise words spoken and could not adequately
plead his claim) and he was refused leave to appeal this
decision. Defamation proceedings are inherently linked
with mis-communications and relationship breakdowns. A
Sports-related Body can be held liable for any defamatory
statements made or published on its behalf and, especially
in high-tension sporting environments, should be aware of
these risks and maintain a degree of ‘level-headedness’ in
all communications.
DISCRIMINATION
(Brown v Bourke Bowling Club [2012] NSWADT 248)
Ms Patricia Brown issued proceedings in the New South
Wales Administrative Decisions Tribunal alleging that the
Bourke Bowling Club discriminated against her on the
basis of race. The Club’s board decided to suspend Ms
Brown for 2 years after she was heard by a staff member
swearing on her mobile phone at the Club. The evidence
indicated that swearing was ‘commonplace’ at the Club,
that there was no prescribed penalty for swearing and that
a non-Aboriginal member of the Club received a lesser
suspension for threatening to kill staff members. The
Tribunal found that Ms Brown was treated less favourably
than a non-Aboriginal person would have been treated
in the circumstances and ordered that the Club pay
$8,000 in compensation together with a written apology.
RISK MANAGEMENT
FOCUS