Liability for Personal Injury

civis_liberalis

I would like an opinion on whether it would be worth the bother or expense in seeking legal advice regarding personal injury, were it to occur. (I presume that "personal injury" is the correct term used to describe it in this situation.)

I would just like to point that although nothing actually happened, the consequences of injury during the course of an evening floodlit league match were discussed at length. I have never had the misfortune of being injured in such a situation, but I do know of quite a few who have and I am always mindful of the possibility. The conversation on the subject last night went around in circles...

If the league organiser was not attached to the owners of the facility and no separate insurance was bought specifically for the purpose by a team or individual player, would any liability lie with either the owners of the facility or the league organiser? (I am not referring to any of the well known organisers of such competitions in Ireland).

The league organiser collects a one-off fee of €X per team for the season. This is supposedly to cover the cost of Public Liability insurance. Apparently to cover possible injury to passers-by or the match official.

Combined match fees from opposing teams, per match, total €Y. This money is paid to the organiser, half of which is passed on to the facility owner.

If an injury was to occur on the field of play, surely some liability is borne by the facility owner...?



In a semi-related issue,

I find it reasonable to assume that if after a period of 5 years of regular requests for evidence of Public Liability insurance not being fulfilled, no such policy is ever likely to have been in existence.

I would have no problem with a team paying a fee of €X for the season, but I think that a situation where cash was accepted on false pretences is dishonest at best and well... you see what I mean.

One might point out that a firm stand would be the best course of action in such a situation, but when 1 team out of a large number voice dissatisfaction, I imagine it is an excellent way of ending your involvement swiftly and permanently.

Tom Young

That's what the fee is for and the insurance being extant means that the players should be covered. The facility owner might be held liable but its circumstantial. Leagues can insure, as can facility owners. Ideally both.

Proceedings must issue in 2 years for a Personal Injury claim. That's not to say that the case would run in that duration. Going and taking an action 5 years later would not be entertained and called statute barred - Time up, good luck.

By the way, the OP is a bit of a stream of consciousness which is a bit hard to read. Hope you don't mind me saying so.

Tom

McCrack

Playing any sport has its inherent risks which participants are deemed to consent to. So breaking your ankle going in for a heavy tackle is not going to allow you to sue for the injury.

Injury caused from say a defective pitch is different and liability would attach to the owners and/or event organisers.

civis_liberalis

Tom Young wrote: »

That's what the fee is for and the insurance being extant means that the players should be covered.

No proof of a policy being bought with the proceeds has ever been produced...

Tom Young wrote: »

The facility owner might be held liable but its circumstantial. Leagues can insure, as can facility owners. Ideally both.

I was under the impression that a club would never be allowed to run such a facility without adequate insurance, covering injury to players. It would be difficult to make a case for it, but for most people playing the league, the playing surface is the main hazard.

Tom Young wrote: »

Proceedings must issue in 2 years for a Personal Injury claim. That's not to say that the case would run in that duration. Going and taking an action 5 years later would not be entertained and called statute barred - Time up, good luck.

That all seems reasonable.

Tom Young wrote: »

By the way, the OP is a bit of a stream of consciousness which is a bit hard to read. Hope you don't mind me saying so.

I don't. In an attempt to make the post as deliberately vague as possible, it ended up reading like a nonsensical rant.

NUTLEY BOY

2 side-bar thoughts;

1. Don't forget that a club member cannot the club if it is an unicoprporated entity.

2. If the "club" was negligent in relation to a non-member and the relevant public liability insurance was not in place that could create quite a headache for all the club members of a personal financial nature.

Sorry if this is off topic but it needs to be thought about if you are worried that the liability policy is not in place.