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Paul Manning
"It is not safe to assume that governing bodies will now be liable for injuries"
 real 14k

Wednesday, 20 December, 2000, 16:37 GMT
Sport in dock after Watson verdict
Michael Watson
The Watson case could have implications for all sports
The decision of the Court of Appeal to uphold Michael Watson's £1m damages claim against the British Boxing Board of Control (BBBC) led some pundits to predict a rash of similar payouts in other sports.

Paul Manning, a lawyer with top sports law firm Townley's, tells BBC Sport Online why the ruling need not spell bankruptcy for sport's governing bodies.

This is a landmark case and sport clubs and governing bodies will be carefully analysing the judgement.

But it would be a mistake to assume that the case will lead to open season, and that sports bodies will be made liable for injuries suffered by sportsmen across the board.

With the Court of Appeal upholding that the BBBC failed in its "duty of care", governing bodies will have to eliminate unnecessary risks.

In certain sports the risk of injury is greater than others - tackles in rugby and football - and if the courts were to become interested in playing rules, the governing bodies would have to guard against an unnecessary risk of injury.

Unnecessary risk is not easy to define, but easy to give an example of.

The BBBC had been aware for a number of years of the risk of this type of injury and the need for appropriate medical treatment. The doctor at ringside did not have the required expertise and that was an unnecessary risk.

Michael Watson
Watson collapsed after his bout with Chris Eubank

The degree of control a body can be expected to exert over incidents is another key factor. The BBBC is relatively small and could be expected to have control over its fights, but the same could not be said of football or rugby, with thousands of game being played every week.

There was a case in Australia recently in which two front-row forwards were paralysed in scrum situations and sought to find the International Rugby Board liable for their injuries.

However, the Australian court ruled that there are so many rugby games that it was not realistic for the IRB to have a "duty of care" in every one.

Thus, it will not be expected that every football club has a doctor on hand with neurological expertise.

The original Watson verdict was a wake-up call to many governing bodies. And some sporting bodies - such as formula one and horse racing - have put in place the relevant safety procedures and take appropriate measures to minimise injuries.

Boxing is a unique sport in that the risk of injury is inherent, and this case was also unique, and the verdict took into account the peculiarities of each.

In the end, each case will be judged on its merits.

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See also:

20 Dec 00 |  SOL
Sport boxes with caution
19 Dec 00 |  Other Sports
Boxing board to carry on - for now
19 Dec 00 |  Other Sports
A damaging issue for sport
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