Can I claim public liability against a QLD sports club?

Published 03 Jul 2018

As exhilarating as sports are for both participants and viewers alike, unfortunately this excitement can come with the risk of unplanned injury. The risk of physical harm differs between players and fans, with the public liability rules applicable to these groups different too.

If you suffer an injury while playing or watching sports, there are a number of options for claims – including against the sports club hosting the occasion itself. Read on to see under what circumstances you can claim public liability compensation against a sports club.

How can players claim for public liability compensation?
On most occasions, players who are injured during sports are unlikely to win any compensation for medical expenses or wages lost due to time off work. This is because it’s reasonable all participants know and accept the risk, no matter how low, of physical harm.

However, it’s possible for your injury to happen due to the negligence of your own sports club or the host club where the incident takes place. Examples of this include:

  • An unsafe playing surface or dangerous conditions.
  • Faulty or damaged equipment.
  • Deliberate or careless misconduct of other players.
  • Officiators failing to guarantee safe conditions to play in.
  • Negligence in attending to a minor injury.

If you think your injury could have been prevented with better equipment or more appropriate and responsible attention from your sports club, you may have a case for a public liability claim.

How can fans claim for public liability compensation?
For attendees of a sporting occasion, a public liability compensation claim is a little bit simpler to manage. While their chance of injury is lower, venue managers (be that through a sports club or third-party owners) have the responsibility of ensuring everyone on-site can use all facilities safely. Failure to do this can lead to hazards such as:

  • Uneven or poorly lit walkways.
  • Dangerous toilet and parking facilities.
  • Inadequate seating arrangements.

If you suffer an injury due to any of these circumstances, one of the sports clubs present has been negligent in their duty of creating a safe environment to watch sport in. This means you can build a case for public liability compensation if you sustain a serious medical injury.

How do I make a public liability claim?

The first step in making a claim for compensation is to gather evidence to prove there has been some degree of negligence. Take photos of any damaged equipment or dangerous playing surfaces, and ask for witnesses to recount what they saw to ensure you have a case. Next, you need the services of an expert public liability law firm.

If you think a sports club has been negligent in their responsibility to the public you’ve been physically harmed because of this, contact Gerard Malouf & Partners today for help.

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