Sports Law Update: Sally James v USM Events Pty Ltd [2022] QSC 63

• Published date: 21 July 2022
• Law Firm: 1 Chancery Lane
• Author: Anirudh Mandagere

Every sporting activity is commensurate with risk. This makes it difficult for practitioners who deal with such personal injury claims to identify when an 'organiser' of a sporting activity has fallen below their requisite standard of care, or whether the injury complained of fell within the inescapable risks that came with playing the sport. In the recent case of Sally James v USM Events Pty Ltd [2022] QSC 63, the Supreme Court of Queensland has provided important guidance on the duties imposed on those who organise sporting events.

This article shall focus on the questions of duty of care, breach of duty and the role of consent in sporting events. While the principles of Australian and English civil liability differ in some respects, there are common features which no doubt make this case vital reading for all English civil liability practitioners.

Facts

Dr. Sally James was a keen participant in triathlons. In February 2018, she competed in the Gold Coast Triathlon in Queensland, Australia. This triathlon was an all-age event which was open to amateur and elite triathletes of all ages. It was also open to para-athletes. Due to water conditions, the race was changed to a 'duathlon' the day before the race. Accordingly, it only involved a run leg, a cycling leg and another running leg. However, this caused the para-athlete wheelchair event to overlap with the running leg of the able-bodied duathlon.

While undertaking the return part of the first run leg, she suddenly heard yelling and swearing. She was then knocked over by a...