whufc wrote:As a topic that really interests me due to my line of work i was having a chat with a gentleman who comes into my work, his a QC and without naming the clubs or anything i asked where i thought this could all go.
He reckons with a real decent lawyer you would be able to get money or place responsibility on
-The council (they would take the majority of the responsibility anywhere up to 90%) (there ground they should have had it fixed)
-The football club (did they do all within there powers to create a safe playing field, wasnt their responsibilty to fix but still played games knowing off the dangers)
-The officials who signed off on the safety of the ground (who is he to be making a ground safety assesment, what quals etc etc)
-The football league (if official has no quals or experience, how can they make an official assesment on a grounds safety etc etc
He was extremly confident he would be able to make all them parties have to defend themselves in court.
The question he asked which i couldnt answer is the ground marshalls who sign off on the ground. What qualifications and profesional experience do they have to be making player safety evaluations on behalf of 21 footballers?
Who marks the boundary?? They appear responsible for ensuring the standards meet those set by the SAAFL, which I assume meet those set out under their insurance, which you would imagine meet those set by Australian sporting regulations. Maybe these regulations are inadequate?
If they fail to meet standards then the marker of the boundary may have breached their duty to create a safe environment.
Unless the council does the boundary, I can't see the council oweing a duty, because surely they can't be blamed for the boundary being too close to the clubrooms.... common sense....which is more reasonable to change, a building or a boundary line?
Also, I'm sure insurance requires a number of safety checks to be done pre-game and a checklist to be signed off on and from there they would have excluded themselves from liability. Then the question might be, who approved the safety of the oval and signed off on the insurance safety checklist?
Just some issues to think about