In a case heard at the High Court recently, an amateur rugby player was successful in her claim for compensation following a “revenge tackle” which left her paralysed from the waist down.
Dani Czernuszka was playing her first competitive game for Reading Sirens in October 2017 when she was subject to a “revenge tackle”, described by witnesses as being like a “belly-flop”, from Natasha King of Bracknell Ladies.
Giving judgement, Mr Justice Martin Spencer, said that Ms King had been “looking for an opportunity to get her revenge on the claimant” with witnesses stating that Ms King had vowed to “break her”. The court also heard details of the considerable size difference between Ms King, who weighed 16-17 stone, and Mrs Czernuszka.
As a result of the tackle, Mrs Czernuszka has been left paraplegic and will need to use a wheelchair for the rest of her life. Damages will be assessed at a later date but are estimated at £10million.
Commenting on the case, Chris Turner, Deputy Head of Personal Injury at Fosters Solicitors, said: “Obtaining compensation following a sporting injury can be difficult, as a player is often deemed to have consented to the risk of injury occurring through their participation in the sport. However, this is a case which can clearly be distinguished from a normal tackle as the tackle from Ms King clearly falls outside of the laws of the game so it is only right that Mrs Czernuszka is able to obtain compensation. This case goes to show that where conduct falls outside that which is reasonably expected and results in injury, it is appropriate that compensation is awarded.”
Our Personal Injury & Group Actions team here at Fosters Solicitors can provide expert assistance regarding making a sport injury claim.
We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation.
We are also able to discuss how you can cover the cost of a claim, including through a no win no fee agreement. Please call us on 01603 723738 or email via the link below.
This article was produced on the 27th February 2023 by our Personal Injury & Group Actions team for information purposes only and should not be construed or relied upon as specific legal advice.