Rugby punch injury

In the recent case of Gravil v Carroll and Redruth Rugby Football Club the Court of Appeal found the rugby club to be vicariously liable for a serious assault on the claimant.

Vicarious liability is the principle by which one person can be held liable for the conduct of another. The person held vicariously liable may be completely blameless but there must usually be some sense in which he has authorised the acts of the party who is at fault.

In relation to employment it is the general rule that it is the fact of employment that gives rise to the vicarious liability, not the actions of the employer who may be completely blameless.

In the case of Gravil v Carroll and Redruth Rugby Football Club the assault followed a semi-professional game of National League Division 2 Rugby Union when the first defendant, Carroll, punched the Claimant, Gravil, in the eye causing a blow out fracture requiring reconstructive surgery. The assault occurred at the end of the game after the whistle had been blown.

The Court of appeal held Carroll had been acting in the course of his employment when he punched Gravil. Not only was there a close connection between the punch and Carroll's employment but the punch amounted to a failure to perform his duty. There were provisions in his contract to deter foul play. This was a point in favour of vicarious liability and it was found fair and just to hold the club liable for the punch.

If you have suffered an injury caused by a professional or semi-professional sportsman or sportswoman please contact Isabel Elliott for advice on a personal injury claim.

Contact Isabel on 020 8300 9321 or ielliott@wmk-law.com alternatively Contact Us