The prevalence of school sports injuries is alarmingly high and many of these incidents can be prevented. Safety concerns surrounding these injuries need to be addressed urgently.
While personal injury claims in school sports cases are often complex, recent high-profile cases have shown that such claims can be successful.
According to a study published in the South African Journal of Sports Medicine, participation in the sport of rugby comes with a notable risk of injury.
Kirstie Haslam, a partner at DSC Attorneys, brings to attention that sports, especially contact sports, inherently involve a level of risk. By participating in high-risk sports, players essentially accept the possibility of getting injured.
She highlights that the main obstacle to successful personal injury claims in sports is the concept of tacit consent.
To succeed in a claim, the basic elements of delict – conduct, wrongfulness, fault, causation, and harm – must be proven.
Unless the conduct of the “wrongdoer” goes beyond normal sporting activity, the chances of a personal injury claim being successful are slim.
Children have the constitutional right to be adequately cared for at school, including participating in extracurricular activities like sports in a safe environment.
Haslam points out that it is the responsibility of the state to provide education and ensure safety during these activities.
According to the Schools Act 84 of 1998, the state is liable for any damage or loss caused during school activities conducted by public schools, except for cases specified in the act.
In a significant ruling, Haslam calls to attention the importance of proving the five elements of delict for a claim to succeed.
She points to the high-profile case of Izak Foster, a former schoolboy rugby player whose life-altering injuries were caused by the inappropriate conduct of unqualified medics hired by the school.
The Supreme Court of Appeal recently upheld a judgment from the North Gauteng High Court, Pretoria, holding the state responsible for Foster's injuries sustained during a rugby match 17 years ago.
Foster, who was 18 at the time, filed a multimillion-rand damages claim after being left paralysed.
In the case of Foster versus the MEC of Education, the court found that the high school had failed to take reasonable measures to prevent rugby-related injuries.
Initially, Foster suffered neck damage when a player fell on top of him. However, the situation worsened due to negligence on the part of the medics, resulting in a catastrophic injury that left him paraplegic.
It is this second injury that the claim was based on.
She explains that the court strongly criticised the level of medical preparedness and deemed the medics used by the school, and consequently the state, as unqualified, incompetent, and ill-equipped.
This ruling sheds light on the importance of ensuring proper medical support and qualified professionals in school sports to prevent such devastating outcomes.
Avoidable school sports injuries
Haslam says avoidable sports injuries at school, which have led to claims for compensation, are typically caused by: inadequate adult supervision, medical negligence, incompetence, poorly maintained equipment and damaged or improper playing surfaces.
How common are sports injuries in South African schools?
The incidence of sports injuries in schools varies from one sport to the next. Haslam explains that contact sports such as boxing, rugby, football and netball have higher rates than non-contact sports.
Smaller school events have a greater injury incidence due to inadequate monitoring and injury prevention and treatment protocols.
As a member of the Department of Sports Medicine at UFS recently concluded, in most school rugby matches in South Africa, no programmes are available to monitor injuries.
Rugby most commonly results in serious injuries and fatalities but Haslam argues that hockey, water polo, netball and other ball sports account for injuries to younger players.
According to a UCT study on junior rugby injuries, half of the 400 schoolboy participants suffered a concussion at least once.
From 2001 to January 2020, 100 serious or catastrophic concussions and head, neck or spine injuries were reported in South African school rugby.
In a 2019 study of rugby injuries over a high school rugby season, the incidence was 28.8 injuries per 1 000 player exposure hours. Another study found rugby-related injuries in schoolboys to be greater in South Africa than in England and Ireland.
Claiming compensation for a school sports injury: Next steps
Pursuing compensation for a sports injury at school requires the advice and input of a specialist personal injury attorney. Proving liability requires the expert testimony of medical professionals to demonstrate the cause of the injury.
“The first step to ensuring the successful finalisation of a claim is to contact a reputable law firm with a proven track record in personal injury claims and civil litigation that work on a no-win, no-fee basis,” she advised.