In Australia, sport is more than a pastime—it’s part of our culture. From weekend footy to social cricket or high-octane snow sports, millions of Australians engage in physical activity every year. But with this comes risk. In 2019–20 alone, around 52,300 Australians were hospitalised due to sports injuries, many of which had lasting emotional, physical and financial consequences. So, if you’ve been injured by someone from the other team while playing sport in NSW, the question is: can you sue?
Understanding Assumption of Risk
Firstly, it’s important to understand the concept of “voluntary assumption of risk”. When you play a sport, particularly contact sports like rugby or AFL, you agree to accept certain inherent dangers—such as being tackled or struck by a ball. Under Australian law, this can be used as a defence in negligence claims. Simply put, if your injury resulted from ordinary play within the rules of the game, your legal options may be limited.
When You Can Sue: Conduct Outside the Rules
That said, you can sue if your injury resulted from conduct that went beyond what’s reasonably expected within the sport. For instance, an illegal tackle, intentional punch, or reckless play that breaches the rules could lead to a valid personal injury claim. In such cases, the voluntary assumption of risk may not apply, and the player or club responsible may be liable for damages, including medical expenses, loss of income, and pain and suffering.
Public Liability and Organisational Negligence
In addition to suing another player, you may have a claim against the organisers or venue operators if their negligence contributed to your injury. This includes:
- Unsafe playing fields or dangerous surfaces
- Faulty equipment
- Inadequate supervision or medical support
- Poor officiating that allowed dangerous play
Sporting organisations and clubs have a duty of care to ensure a reasonably safe environment for players. A breach of this duty, if it results in injury, could form the basis of a public liability claim.
Employer-Sponsored Activities
If you were injured during a work-organised sporting event or while training as part of your employment, you may be eligible for compensation under the Workers Compensation Act 1987 (NSW). The law recognises that injuries sustained in authorised work-related sporting activities can be considered work-related, but proving this can be complex and usually requires legal assistance.
Insurance Options
If a negligence claim isn’t possible, you might still be covered under a sporting association’s insurance policy. Many clubs and leagues provide coverage for players, offering benefits for medical costs, loss of income, and in some cases, permanent disability. You may also have coverage through your personal insurance or your superannuation fund’s total and permanent disability (TPD) policy.
What Should You Do?
If you’re seriously injured and believe another party—be it a player, coach, referee, club, or venue—was responsible, it’s important to act quickly:
- Gather evidence (photos, witness statements, medical records)
- Report the incident to the relevant authority or club
- Seek medical attention and document your recovery
- Consult a qualified personal injury lawyer as soon as possible
Strict time limits apply for bringing a claim, and legal advice is crucial in navigating this complex area.
Final Word
Injuries are an unfortunate reality in sport, but they don’t always have to be accepted as “just part of the game”. If your injury was due to someone else’s negligence or misconduct, you may have the right to compensation. Speak to a legal expert to understand your rights and options—because your recovery shouldn’t come at the cost of your financial security.