Legal News

Arsenal will not pursue Aaron Ramsey injury compensation
Wed 3rd Mar 10 - 10:38

I was interested to read in the Times today that Arsenal will not pursue Aaron Ramsey injury compensation.

In a football match if a player injures another player then in principle the player committing the foul could be liable for the injuries, subject to proving that the foul was negligent.  The test of proving negligence would be a high burden on a Claimant and would involve a Court reviewing footage of the incident, if available, witness accounts of the challenge and the referees match report.  There is nothing new even in the context of contacts sports of the particpants owing a duty of care to one another.
 
In the Aaron Ramsey incident because the opposition player was given a straight red card and footage exists of the incident it would be easier to prove liability.  Also because the players involved were professional not only is the player, Shawcross potentially liable but also his employers Stoke City.  It is likely that both the club and player are insured against such liability.  The claim against the employer is based on the principle of vicarious liability.

Dean Ashton who recently announced his retirement from football following an injury he sustained in England squad training as a result of an alleged negligent challenge by Shaun Wright-Phillips is pursuing a case against not only Chelsea (Wright-Phillips employer at the time) but also the FA, (Football Association because it was in an England squad training session).  The principle also applies to semi professional players and clubs by virtue of successful claim brought by a player in a semi professional rugby match following the case of Gravil v Redruth RFC in the Court of Appeal, 2008.  The decision does not extend the principle or duty to amateur sports clubs and associations.
 
Players and Clubs would be well advised to ensure that they have adequate insurance protection against such claims as the damages and legal costs could be significant.  It would also be desirable if the football association and local football associations, particularly  in the amateur game who often arrange blanket insurance covering all clubs in the league would ensure that the insurance covers negligent player to player challenges, as without cover potential Claimants who often have suffered devastating injuries such as Ramsey's are left to pursue only the player who will often have only limited means.  This is unsatisfactory as in many cases the severely injured Claimants will not be a well paid professional footballer who is protected by club and insurance but an amatuer who faces losing substantial earnings, if not their employment, as a result of someone else's fault without any realistic right of redress.

James Reilly

Associate at Ralli- Personal Injury Department