Declaration Bowler
Active Member
Not really DB. Remember we all sign forms at the start of the season saying cricket is dangerous blah blah blah and pay our membership fees to our respective clubs? That is basically a 'voluntary assumption of risk', where you sign away your legal right to sue for damages for injuries you may suffer as a result of playing cricket. For a junior it is no different, except for a parent or guardian can and must sign for them, as you cannot make nor enforce a contract with a minor. However, any medical expenses to any club member injured on the field or at training, would be covered by the clubs sports insurance.
Think about it this way; a young batsmen goes out in Barcley Shield and gets hit in the body and breaks a rib or takes one to the arm and breaks it. It's no different to a young bowler having 10 overs and hurting his back or doing his knee in this his medical bills would be covered by the clubs insurance, but there is no right to sue for damages due to the fact his parent(s) or guardian has signed the appropriate form and paid for his membership.
As a matter of law, I would be surprised if the disclaimers (often signed in the absence of informed consent) are worth the paper they're written on in any serious case of negligence or wrongdoing by the club or its agents, but that's by the by.
However, neither they nor the principles of voluntary assumption of risk would protect anyone legally in a case where the comp/club has consciously and deliberately chosen to ignore the best available expert and peak body advice, and thus increased the risk of injury. It is also highly likely that, in the case of a serious (read expensive) injury to a young fast bowler, the insurance companies will, on the same basis, also reject all claims for any form of compensation.
The batsman's case, and the knee injury, are legally different because they are normal risks of the game to which the principles of voluntary assumption of risk would normally apply; the overuse-back injuries are not, because they occur as a result of failure/refusal to follow known, established and available best practice, and that failure/refusal has increased the risk beyond the norm.