Fosters Solicitors win £1,750 for sport injury client

Following a recommendation, Fosters Solicitors were instructed by Mike to claim compensation for a mouth injury that had occurred during a game of racquetball.

Commenting on the case, Fosters’ deputy head of personal injury, Chris Turner said: “The area of law concerning sport-related injuries can be tricky to navigate, but through our sport injury claim experience we felt Mike had a claim, which we were delighted to pursue and support him through.”

Summary of sport claim

Mike had been playing a rally with an associate which had come to an end. The opponent’s shot was poor and he was disappointed at losing the point. As Mike went to pick up the ball, several seconds after the play had ended, his opponent swung his racket in anger at an imaginary ball and accidentally struck Mike on the mouth.

Mike sustained injury to his teeth and the root of one tooth was fractured. The tooth required extraction and an implant was fitted. Medical evidence obtained by Fosters confirmed that Mike would have lost this tooth in the near future in any event, but the incident caused Mike avoidable suffering and prevented him from being able to plan his treatment ahead of losing the tooth.

Mike was already in contact with the defendant’s insurers prior to instructing Fosters however, they had denied liability under the principle of volenti non fit injuria (if someone willingly places themselves in a position where harm might result, knowing that some degree of harm might result, they are not able to bring a claim against the other party).

Fosters asserted that this defence was not applicable to all injuries sustained within a racquetball court or any other sports field and/or venue as the injury had been sustained during the break in the game, and the risk was not one that one is reasonably said to consent to when agreeing to play racquetball. The insurers maintained this stance through to the point that the claim entered the court process when conduct was taken over by a firm of solicitors who were instructed to accept proceedings.

The solicitors acting on behalf of the defendant’s insurer followed the directions set by the court before making an offer to settle the claim almost three and a half years after Mike sustained the injury. This offer was accepted by Mike to bring the matter to a conclusion.