Australians love to get active, whether it’s kicking the footy, indoor rock climbing, or cycling by the beach. Sports and recreational activities bring together communities, families, and provide a great way to stay healthy in both body and mind.
All physical activities, whether casual or competitive, come with some risk of injury. Each year, thousands of Australians are injured while taking part in sports and recreational activities, sometimes due to another person’s negligence in failing to prevent a foreseeable risk.
If you've been injured while participating in a sport or recreational activity, and your injuries are the fault of another person, our public liability lawyers can help you explore your entitlements and access the support needed for your recovery.
Making a claim
If you’re injured playing a sport or participating in a recreational activity in a public place, such as your local footy ground, you may be eligible for a claim. The best way to find out if you’re eligible is to seek expert legal advice.
You may be able to claim compensation if you are:
- a professional athlete
- an amateur athlete
- a university or secondary school student,
- an employee injured in a sporting event organised by work
Do I need a public liability lawyer?
Seeking advice from an experienced public liability lawyer can make all the difference in your sports or recreational injury claim. These cases often involve complex questions about negligence, duty of care, and whether safety standards were met.
A lawyer can help you understand your rights and gather evidence to build the strongest case possible. They can also directly negotiate with insurers and their legal teams so you can focus on your recovery.
We are the original No Win, No Fee* Public liability lawyers
This means that if you don’t win, you don’t pay the fees for the work we do on your case.
Common sports and activities for injuries
All sports and recreational activities carry the risk of injury, and while participants might accept some level of responsibility, certain activities have far higher rates of serious injury and hospitalisation than others. According to a 2022 AusPlay survey, wheeled sports and outdoor ball sports reported the most hospitalisations.
The activities with the highest rates of hospitalisation include:
Cycling
Australian Rules Football
Rugby
Roller sports
Wheeled motor sports
Basketball
Soccer
Equestrian activities
Even casual activities that you may not consider dangerous, such as recreational walking, reported over a thousand hospitalisations between 2021-2022. That’s why it’s so important to contact a public liability lawyer following an injury to explore your options.
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Common injuries in recreational sports
Bone fractures
Dislocations
Sprains and strains
Knee injuries (particularly ACL tears)
Cuts, bruises, and impact injuries
Concussions and other head injuries
While head injuries are a known risk in sports and recreational activities, research into concussions and their long-term effects has grown in recent years. According to the Australian Institute of Health and Welfare, sports-related injuries account for nearly a quarter of all head injury hospitalisations in Australia.
If you've suffered a concussion while playing sports or taking part in recreational activities, you may be eligible for compensation.
Who is liable if I get injured?
Liability is determined by several factors, such as where you were injured, who was responsible for maintaining the safety of the area, and whether proper safety protocols were followed.
If you were injured due to poor conditions, lack of supervision, or negligence, the responsible party could be held liable. This might include sports clubs or associations, event organisers, or property owners.
If you’re unsure about your situation, our public liability lawyers can help assess the details of your case and determine whether you may be entitled to compensation.
Your entitlements
If you have an eligible claim, you may be entitled to compensation for:
Medical expenses for treatment and ongoing care
The care and help provided to you by family members and friends
Past loss of earnings
Loss of future wages and future ability to earn
Loss of ability to look after anyone dependant on you
Pain and suffering
Loss of enjoyment of life caused by physical or psychological injury
How do I prove liability?
Proving liability involves gathering evidence to show that the injury occurred due to the negligence of another person or unsafe conditions. This may include witness statements, photographs of the scene, medical reports, or documentation of safety protocols not being followed.
To ensure your case is handled properly, it’s essential to consult with a lawyer who can guide you through the legal process and help gather the necessary evidence to support your claim.
Can I make a claim if I’m not a professional athlete?
Yes, you may still be eligible for compensation, whether you’re a professional, semi-professional, or amateur athlete. In Australia, all sporting clubs and associations are required to have public liability insurance.
If you’re not a member of a sports club or association, the venue owner or event organiser has a duty of care to keep attendees safe at sporting and recreational events. They’re usually insured to cover injuries caused by negligence. If you’ve been hurt, a public liability lawyer can help you understand your options and guide you through the claims process.
Can I still make a claim if I signed a waiver?
Even if you signed a waiver before your injury, you may still be able to make a claim. While waivers can sometimes limit your legal options, particularly if they provide sweeping exclusions of your entitlements and rights, they do not excuse gross negligence.
The laws around waivers and liability are complex, so consulting a public liability lawyer can help you understand your options and how a waiver may affect your claim.
Frequently asked questions
In Australia, you typically have three years to make a public liability claim. It’s important to act quickly to avoid missing any deadlines.
Minors or persons under a legal disability have 6 years to make a claim.
Contacting a public liability lawyer early can help you understand the specific timeframes for your case and make a significant difference to your compensation.
We introduced No Win No Fee to Australia back in 1994 so that more people could afford access to high-quality legal services. To put it simply, if we don't win your claim, you won't be charged for the work we do on your case, and public liability claims are no exception.
For the full terms and conditions view our No Win No Fee policy.
Typically, the party responsible for your injury, such as a sporting club or association, property owner, or event organiser, will cover the costs through their insurance.
You may be entitled to compensation for medical expenses, rehabilitation costs, lost wages, and pain and suffering. A lawyer can ensure you receive the full entitlements you are eligible for based on your injury and circumstances.
Most private health insurers cover sports and recreational activities injuries through accidental injury or sports injury insurance clauses. However, it's important to contact your insurer and review the terms of your policy to see if you're covered.
If you are a member of a sports club or association, or you have engaged extreme sports or recreational activity, you may have entered a private insurance policy when registering or purchasing your ticket to participate.
These private insurance policies involve separate entitlements to those involved in public liability claims and may cover certain expenses. A public liability lawyer can assist you in understanding your coverage and navigating the claims process.