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An interesting sports law case in Ireland: a High Court claim against the IRFU by a fan hit by a rugby ball has been dropped without settlement.
A quick thread on context & why this is actually an important outcome for sporting bodies, clubs & venues
https://www.thetimes.co.uk/article/high-court-win-for-irfu-as-injured-fan-drops-case-7bsdbzk95
A quick thread on context & why this is actually an important outcome for sporting bodies, clubs & venues
https://www.thetimes.co.uk/article/high-court-win-for-irfu-as-injured-fan-drops-case-7bsdbzk95
The fan was struck in the face by a ball during the warm-up of the Ireland v New Zealand test match in November 2016 at the Aviva Stadium (a similar claim was also brought by a fan at the Munster v Saracens Champions Cup game in April 2017).
The personal injury claim was brought in Dublin's High Court (so the amount sought was +€60k). 4 years on from the incident, the claim has been dropped with no out-of-court settlement. The IRFU had promised to defend the action given a successful claim could open the floodgates.
While this type of litigation (in any jurisdiction but especially UK/Ireland) is rare, this is not the first time a fan has sought compensation after being injured at a venue. As @laurasportslaw points out, there are a number of outstanding cases yet to be resolved in football.
One of the key precedents is actually a case in NI back in 2014. A spectator was hit by a puck at a Belfast Giants ice hockey match & brought a claim against the team owner & venue occupier (seeking ~£30k). The High Court dismissed the claim - see here https://www.belfasttelegraph.co.uk/news/northern-ireland/spectator-loses-belfast-giants-puck-claim-after-being-hit-on-forehead-30145603.html
The venue in this case had been made as safe "as reasonably possible" & the risks to spectators were no different to any other sporting context. The judge said there was a "plethora" of warning signs & announcements. The risk of the floodgates being opened was also a big factor.
It's no big surprise therefore that the claim against the IRFU has been withdrawn - albeit it will still be a relief to sporting bodies, teams & venues. While incidents like these are rare, clearly ball sports like golf, hockey, ice-hockey, rugby, football and GAA do carry risks.
The case law to date shows it's about taking reasonable precautions - so things like 1) having warning signs at venues; 2) making regular stadium PA announcements; 3) ensuring venues comply with relevant regulations; and 4) making sure ticket T&Cs are properly drafted.
Finally, while sports can take comfort that there's a high bar for compensation & they don't need to start erecting netting round pitches anytime soon, insurance is key so sports organisations & venues should liaise with insurers & brokers re ensuring policies are up-to-date.
PS. would recommend following experts with (far greater) experience of these issues and who may I'm sure have some views - especially @timoconnorbl, @sportslawni, @nisportslaw, @sportslawMELB & @andrewnixon100.
