What we should not accept is where injury, especially serious rugby injury, is caused by the deliberate or reckless acts of other players or the careless actions of those responsible for organising and supervising the game.
Fighting and gouging are obvious examples of deliberate acts that are likely to cause injury. But below that level is an array of tackles and other actions that cause injury but which may not amount to a claim. A dangerous tackle may be malicious or calculated at one end of the spectrum, entirely innocent at the other or in the middle just part of the acceptable rough and tumble of the game. For example a spear tackle, a high tackle or one involving only the arm or the elbow are all potentially very dangerous and illegal ways of engaging with the opponent, but a single incident will not necessarily give rise to a successful claim. In this grey area liability is fact sensitive and it is crucial that witness evidence is obtained early.
In terms of player safety, the referee is in a unique and very important position in a rugby match. His (or her) job includes overseeing the set pieces and the most dangerous set piece is the scrum. Because of the position of engagement and the forces involved there is considerable pressure on the neck of the front row forwards, and if the scrum is collapsed the additional force to the neck creates a specific and identified risk of serious injury. For that reason the referee should police the scrum diligently and effectively. Case law is developing in this area and the law offers a measure of protection to referees, who are usually amateurs carrying out a difficult job, but if a referee fails to supervise the scrum properly, especially in games involving young and inexperienced players, then he may be liable for injuries that result.
If the pitch or equipment are unsuitable and dangerous, or the medical treatment or advice given following injury is negligent, then the club or other organisation responsible may be liable for damage that follows from their failures.
If you have been injured whilst playing rugby contact out rugby injury solitors & claims team to find out whether you can potentially claim compensation for the rugby injury.