Vicarious liability for clubs in off the ball situations
The Court of Appeal recently handed down their decision in the case of Andrew Gravel who sued Richard Carroll and Redruth RFC ("the Club") for a punch inflicted upon him during a first team game.
The crux of the issue was in what circumstances professional sporting clubs could be liable for the acts of their players committed in 'off the ball' situations. The Master of the Rolls, Sir Anthony Clarke was prepared to hold the Club liable on the basis of Mr Carroll's contract of employment with the Club.
More particularly that the act in question was so closely connected his employment as to render the Club liable.
This decision opens up the broader question as to how far in time the Courts will be prepared to hold semi-professional and professional football players liable i.e. could an incident after the match whistle has blown render a club liable? Probably yes. No doubt clubs up and down the country will be reviewing their insurance policies to make sure that they are properly covered.
Read details of the case in full here.