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Sports Danger |
Tackle seen as an injury with intent |
Five years ago Jarrod McCracken was injured during a tackle while playing rugby league football. He has not played football since. In a judgment earlier this year, the court decided that the action was intended to cause injury, and that McCracken's claim for compensation should not be limited by the new civil liability laws. |
McCracken was tackled by two players during a first division rugby league match. The tackle was hard, and the court had the benefit of a video recording which, it said,
"whether run at normal or slow speed permits no doubt that the actions of the second and third defendants [the two players], not only in tackling the plaintiff but in lifting and upending the plaintiff ... were intentional and done with the intent that he should fall heavily on the ground". |
When the new civil liability laws were introduced into NSW, acts done with intent to cause injury or death or acts involving sexual assault were excluded from a scheme that generally limits an injured person's right to compensation. The exclusion ensures that compensation for injuries arising from serious criminal acts is not limited by the new law. |
The judge's finding that some injury had been intended could be significant for McCracken, since any claim for compensation will not now be limited by the cap of three times average weekly earnings set by the new laws. |
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