Negligence in Sport

Sport in Australia is an integral component in the cultural fabric which surpasses many societal values and generates worthwhile relationships and associations between many groups in the community. At the core of sports participation, is the duty of care which is owed to those who actively contribute at any level – school sport, amateur or professional. Over the last decade, there has been an abundance of concerns in relation to the short and long-term effects and consequences of head injuries on players and the ways in which sporting bodies regulate these injuries. There are countless cases where a contact sport has resulted in serious injury or even death, one example is the recent death of AFL player Margaret Varcoe. This death has illuminated the very real and relevant danger that can arise from contact sports and the injuries that players may sustain, specifically from contact to the head. There is no doubt that the Australian public and players have the right to enjoy high contact sports such as AFL and NRL, and still be fully aware of the threat of potential injury, but they must also be protected by the laws of negligence so that the duty of care owed is at the forefront of the minds of those adjudicating and facilitating sporting events. At the lead of legal protections for sports participants is the United States. The US have established a substantive collection of laws designed to protects players from concussion specific injuries. These have been replicated and adjusted throughout many states that have focused upon laws intended to protect junior players at the primary level of sports engagement. With this in mind, Australia should follow America’s lead and create a fundamentally secure sporting environment for competitors of all ages so that the potential for concussion-related injuries is mitigated by best practise intervention which is thoroughly reinforced and endorsed by legislation.