16/02/2010 08:43:52
www.clicklegalservices.co.uk
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Posts: 374
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Potentially yes. The first thing he would need to do is to speak to click accidents. They would need to take details of all the team mates who could hopefully give details such as the weather conditions, the "spirit" in which the match was played beforehand (whether there were any bookings/sendings off etc.), the quality of the refereeing and most of all, the tackle itself. It is important to act quickly - so that their memories’ do not fade.
A lot of detail as to the other team and the player who fouled will probably be found from your own club secretary who will be able to give details of the opponents, or at least put him in touch with the league secretary. The league secretary will be able to give details about the referee, team sheets, league insurance and so on. A report of the game should be filled out and sent to the league and this will have some information in it. The referee should be contacted for his version of events. He may have taken a view that whilst it was a foul, the opponent merely slipped etc. at the crucial time, and this was not worthy of a sending off - let alone a booking. He may simply not have seen it properly.
It may be helpful as well to speak to his own club secretary to see if the club holds any insurance cover to cover its own injured players. This will sometimes only cover any loss of earnings he may have for a certain number of weeks.
If the tackle was indeed negligent, there could be a claim for damages in person against the other player. If it could be proved, the question would be though, whether he is really worth suing though? If he has insurance cover (i.e. through the other team, or as part of his house insurance), this may make it worthwhile exploring.
It is important to note that of course not every tackle will be claimable - in fact very few will be. It has to be negligent and this standard really would be judged on the standard/skill of the players, the pitch conditions and the game generally. If this was a Premier League game, a high standard of tackling would be expected therefore, but this was not, and the same standards are not expected therefore in a Sunday morning game. If the game were for example, being played in a "mudbath", quickly and it happened late on, with no bad tackles or ill tempers happening previously, it may indeed be difficult to succeed - especially bearing in mind that the referee did not even book him. If the pitch conditions were such however that this presented an unnecessary danger to the players, then that aspect could be looked at as well.
Whilst the law says nothing about the foul needing to be deliberate or recklessly caused, the reality is in my view that there has to be a high level of neglect - on a par with the overall standard of the game and conditions for him to succeed, and this is why claims like this are difficult. Proving he meant to hurt him or didn’t care whether he hurt him or not would be difficult to prove.
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