In a case which may have implications for all sport, Nathan Bracken is suing Cricket Australia for lost earnings due to having to retire following a chronic injury. The basis for Bracken’s case is unclear, but will presumably reflect his view that he was required/permitted to play when not fully fit and/or not appropriately assessed by CA’s medical advisers. It will be interesting to see how this plays out.
Without knowing any details whatsoever, I struggle to see how his case can get up unless there was demonstrable negligence by CA’s representatives. Nevertheless, all sports will be worried about potential precedents from this case both in terms of exposure for people who previously “retired hurt” and also implications for the future.
It wont be that difficult to prove negligence - i.e. a want of reasonable care by CA. What is likely to be more problematic is proof that he would not have had a similar curtailment in his career by reason of other injuries picked up in the games he claims he will miss. That is: had he played all the games he claims he could have he might have have/would have (?) picked up some injuries, more probably than not, and these would or may have curtailed his career.
One reason you wont see and havent seen a lot of these type of cases is that the players are employees of CA (or the NRL or ARU) and so their rights against CA are governed by the workers compensation regimes of the various states all of which restrict or prohibit the recovery of damages for negligence by employees from employers. A more fertile area for claims is by the players against medical staff who, almost certainly, owe an independent duty of care to the player but who's master is the sport.
Thus a doctor who was swayed by his allegiance to the sports governing body (who pay his fees) might permit a player to play when he should not. But even this is remote, for 2 reasons: (a) in the case of even moderately serious injuries it appears that outside consultant medicos are almost always engaged and there is no doubt where their duty lies, and (b) one has to remember that these guys dont get to top by refusing to play hurt, so its likely they p[lay down their problems when seeing medical staff in order to get back on the park ASAP.
