Head Injuries In Sport

• Published date: 30 March 2023
• Subject Matter: Litigation, Mediation & Arbitration, Media, Telecoms, IT, Entertainment, Personal Injury, Sport
• Law Firm: Lanyon Bowdler
• Author: Mr Alexander Spanner

Despite backing from various high-profile organisations such as The Premier League, the Football Association and FIFPRO (the world players' union), the International Football Association Board (IFAB) have decided, at their recent Annual Business Meeting, against a trial of temporary concussion substitutes in the sport.

A 'concussion' is a type of traumatic brain injury caused by a blow to the head or by a hit to the body that causes the brain to shake back and forth inside the skull, causing damage. Whilst their effects can often be mild and cause no long-term damage to the brain, concussions can cause temporary disruption to brain function that can last for weeks. If repeated head injuries are sustained, this can lead to various irreversible neurological impairments, including early onset dementia, CTE (chronic traumatic encephalopathy), post-concussion syndrome, epilepsy, Parkinson's disease and motor neurone disease.

As the governing bodies in charge of rulemaking in 'The Beautiful Game', IFAB and FIFA owe a duty of care to keep participants safe from undue harm as far as is reasonably possible. This is particularly relevant when it comes to head injuries. In recent years we have seen personal injury litigation brought against governing bodies in other sports, such as the NFL in American Football and the RFU, WRU and World Rugby in Rugby Union, due to their failure to advise players of the risks of head injury and failure to ensure that the rules of the game kept them safe from harm.

Under the current rules in professional football, two permanent concussion substitutes are allowed per game. When a potential concussion injury has occurred, the team's medical staff are brought onto the pitch to undertake an assessment. The player is then either cleared to carry on or taken off the pitch and replaced by a substitute for the remainder of the game. Under the new proposals, the player would be removed from the field for 10 to 15 minutes for the medical assessment to take place in a private environment such as a changing room, with a substitute replacing the player for that assessment...