Around the world there are class actions, both settled and ongoing, by players against their respective sports bodies for repetitive head injuries resulting in neurodegenerative disorders.  Insurers and brokers need to take note.

Class action claims against the US National Football League for concussion injuries in respect of which risk the league ignored or concealed information from the players have been settled, as have claims against the US National Hockey League. 

Class actions are ongoing in respect of football and various codes of rugby, in the UK and Australia, alleging a failure to warn and protect players from the risk of repetitive concussive injuries. 

Governing bodies of sport, referees, clubs and clinicians, stand exposed where it can be established that those parties owed players a duty of care, breached the duty by failing to take appropriate measures and the breach lead to the concussive injury and damages.

Any litigation will involve the consideration of defences such as consent to risk and contributory negligence where a player ignores medical advice to leave the field after a concussion or ignores available evidence. 

Progressive steps have been taken over the last few years in an attempt to significantly reduce the risk of concussive injuries in sport.  Depending on their nature and enforcement that may constitute reasonable protective measures.

South Africa is yet to see any class actions for sports concussion injuries.  There have been various successful individual cases for sports injuries against schools and fellow players.  South African law on class actions is now relatively well developed.  There are clear rules and requirements for a successful class action certification. 

Liability insurers and brokers will be well aware of class action trends, particularly against sport’s governing bodies, for concussive sport injuries and the need to underwrite and word policies appropriately.