A British Court of Appeal (CoA) has upheld a ruling that a rugby player who ran full speed into an opponent was liable for the latter’s serious spinal injuries, with the judge describing him as negligent, reports Law Gazette.
Tom Clark, the defendant, was playing as an open side flanker for Midsomer Norton, while Omar Elbanna, the claimant, was a prop forward for Cheltenham Tigers during a match on 7 October 2017. While chasing the ball, Clark collided with the claimant, causing him to suffer a serious spinal injury.
Elbanna sued Clark, alleging the collision was negligently made by the defendant with reckless disregard for his safety, contrary to the laws of rugby, which are set by its global governing body, World Rugby.
In the High Court, Judge Sweeting found that for the defendant to have run directly at the claimant at full speed and to have collided with him was reckless and courted the risk of injury.
On appeal, Clark argued that such a heavy collision was usual in a contact sport like rugby. But CoA Judge Nicola Davies said the risk which the defendant had been “courting” was one which could reasonably be foreseen to result in serious injury. ”Put shortly, the defendant was negligent,” she said.
Law Gazette article – Rugby player's liability for collision upheld by Court (Open access)
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