Sport and the Law

The Performer

A mistimed tackle can result in broken bones and/or serious internal injuries for the performer on the receiving end of the tackle Risk of injury is seen as part of sport If an incident is deliberate, malicious and intended to harm, legal action can be taken Grievous Bodily Harm Duncan Ferguson vs John McStay Headbutted Raith Rover's player John McStay during a football match in 1994 Served 44 days of a 3 month sentence in 1995 Duty of Care Ben Collett vs Gary Smith Collett on receiving end of high tackle from Smith Collett sustained double fracture of right leg Collett pursued Middlesborough FC rather than Smith himself for damages for injury caused by Smith, and loss of earnings Middlesborough admitted liability Collett received £4.3 million Inc. general damages (£35,000), past loss of earnings (£456,095) and future loss of earnings (£3,854,328) Contracts Bosman Ruling (1995) Allowed free movement of labour within the EU Prior to this law, a player's license would remain with their club after a contract had ended unless they were released Players now free to join another club with no fee imposed on them by their former employer Performers and sponsors mutually agree contracts, usually based on a fee given in return for endorsement of a product If a breach in the contract is made, cases may be brought against the performer for compensation e.g. Oakley vs Rory McIlroy, US Justice Dept. vs Lance Armstrong Wayne Rooney vs Proactive Sports Management Ltd Rooney's image rights company entered into 8 yr image rights representation with PSM Ltd when Rooney was 17 PSM Ltd would receive 20% sum from the exploitation of Rooney's image rights In 2008, Rooney looked to terminate the contract but PSM Ltd sued on the basis of breaching the contract Judge ruled in favour of Rooney on the grounds it was unenforceable because he was 17 when he signed it and it was an unreasonable restraint restricting his profession

Officials

Duty of Care Match officials have a duty of care to ensure performers' wellbeing during a match by enforcing laws consistently and removing dangers to ensure a safe environment If an official doesn't do everything in their power to ensure a safe environment, they may be seen as negligent and may be liable for damages if they arise Vowles vs Evans and WRU (2003) Vowles was seriously injured when a scrum collapsed A prop forward had previously left the field with an injury and the referee permitted a flanker to take his place Breach of rules - only players of the same position can be replaced Argued that negligence of Evans allowed the scrum to collapse Evans argued he didn't owe a duty of care to the players Court find the referee liable meaning the Welsh Rugby Union was vicariously liable given Evans was employed by the WRU Smolden vs Whitworth and Nolan (1991) Smolden left paralysed following collapse of scrum Pursued damages in court from Whitworth (opponent) and Nolan (referee) for negligence Whitworth was acquitted but Nolan deemed to have 'field to exercise reasonable care and skill' in preventing scrum collapses At least 20 scrum collapses during the match Deemed that Nolan didn't follow official guidance

Coaches

Coaches have a duty of care to their performers to ensure wellbeing by removing dangers to maintain a safe environment Have legal responsibilities concerning supervision of sessions and the advice given to athletes All NGBs offer child protection workshops and advice and guidelines for coaches when completing recognised coaching awards Health and Safety Coaches responsible for their athletes in their care, especially if the athlete is a child Includes having a first aid kit available at sessions and the means of contacting the emergency services Drugs and supplements Coaches & nutritionists have a legal responsibility to advise their athletes on legal nutritional supplements for performance enhancement and to educate on illegal methods are direct to appropriate guidance Abuse Coaches have a legal responsibility to protect their athletes from a range of abuse inc. neglect, physical, emotional and sexual Advice offered by NGBs and other organisations for dealing with and reporting abuse Coaches should follow correct procedures for injuries and avoid over training Duty of Care Coaches have a legal and moral obligation to ensure duty of care in relation to safety and wellbeing of performers under their supervision When supervising children and young people, a coach will operate in loco parentis (in place of a parent) Coach is required to act as a reasonable parent would Many organisations have child protection policies to ensure safety. Coaches may be liable if an injury resulted from procedures not being followed inc: Registering attendance Maintaining supervision ratios Ensure first aid is available on site Maintaining accurate contact and medical details Ensuring police DBS clearance checks have been conducted for those working with children and young people Ensuring a risk assessment has been conducted and actions taken to reduce potential risks and danger

Spectators

Hooliganism and spectator violence has resulted in severe injuries and death e.g. Heysel, Hillsborough Solutions to spectator violence Increased police presence, police share intelligence nationally and internationally  Increased CCTV coverage to identify individuals Harsh punishments and banning orders Fines, imprisonment, restricted travel Educate supporters through campaigns Say no to Racism Segregation of fans Family enclosures within stands Control of alcohol consumption in and out of stadiums Change kick off times - early kick off for derby games Promote positive role models, reward teams Responsible media reporting Pressure NGBs to create more laws Disasters caused by spectators/resulting in injury of spectators Bradford stadium fire (1985) 56 spectators killed due to a build up of litter, wooden seats and locked exists Heysel stadium disaster (1985) 39 Italian and Juventus supporters killed when part of a stadium collapsed following confrontations from Liverpool hooligans Hillsborough disaster (1989) 96 Liverpool fans killed due to overcrowding and lack of police interference Laws to enhance spectator safety Occupiers' Liability Act (1957) Ensure liability through a duty of care of the occupier of any property for visitors entering the premises Safety of Sports Grounds Act (1975) Protects spectators when attending any UK sports ground Sporting Events Act (1985) Control and licence the consumption of alcohol at sporting events Fire Safety and Safety of Place of Sport Act (1987) Ensure all sporting events are fire security certified by a local authority Ensure organisers have confirmed maximum number of spectators and materials used are fire resistant Football Spectators Act (1989) Banning orders or convicted offenders to ensure they can't attend sporting events for a period of time Football Offences Act (1991) Prosecute offenders caught throwing missiles, chanting racist remarks and trespassing on the field of play Banning Orders Used as a preventative tactic rather than a penalty for past behaviour Stop known hooligans causing trouble at football matches Can ban individuals from attending matches (home and away) for a period between 2-10 yrs Banned individuals can be banned from using public transport on match days and from visiting other potential violent 'hot spots' e.g. town centres, pubs, bars, etc.

The Sport

Performers Protect against violent play - check equipment and follow rules Employment contracts with clubs, sponsorship, commercial contracts Avoid burnout by reducing commercial appearances Ensure a duty of care form officials or negligence of poor referees Ensure training of officials to ensure confidence in making decisions Ensure officials check the playing environment prior to a match Ensure stadiums are suitable for purpose Protection from hooligans and prosecute individuals Ensure suspensions and bans for those cheating Enforce equality legislation, racism act, sexism act, disability acts Ensure age or weight categories are followed Ensure same gender competition Spectators No alchol at grounds Clubs fined for poor behaviour Points deducted Use of role models Campaigns to educate and promote positive behaviour Segregation of fans Seating areas Arrest ticket touts Clubs need to meet minimum ground standards at different levels