Employer's Liability / Football Question
Employer's Liability / Football Question
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Discussion

TwigtheWonderkid

Original Poster:

49,234 posts

181 months

Friday 27th June 2014
quotequote all
Mods, please don't move this into Football, it's a legal question.

All companies owe a duty of care to their employees. So can any team legally send their players out onto the field to face a team containing Suarez knowing his history and knowing they are potentially exposing their employees to possible bite injury that is not expected as part of their employment?

If another opponent is bitten, then could the victim successfully make a claim against the employer's liability insurer of his own team for deliberately exposing him to that risk.


anonymous-user

85 months

Friday 27th June 2014
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I'm a bus driver, my employers send me out on the road every day knowing that there are 100's of drivers who have a history of crashing. When one of them his me, causing me an injury and the need to claim for losses, do I claim from my company? Or from the other drivers insurance?

If I was to earn huge amounts of money of course I wouldn't give a st.

TwigtheWonderkid

Original Poster:

49,234 posts

181 months

Friday 27th June 2014
quotequote all
CaptainMorgan said:
I'm a bus driver, my employers send me out on the road every day knowing that there are 100's of drivers who have a history of crashing. When one of them his me, causing me an injury and the need to claim for losses, do I claim from my company? Or from the other drivers insurance?

If I was to earn huge amounts of money of course I wouldn't give a st.
Motor accidents are a normal risk of your job. You accept that risk when you accept the job. I don't think a footballer could sue his employer for a broken leg, that's part of the job and he accepts the risk.

But being bitten isn't part of the usual risk. I think if your bus company made you drive you bus into an area of high radiation, you could sue them if you got cancer. They're putting you in a position of danger to a risk you shouldn't expect to face as part of your job.

See the difference?

anonymous-user

85 months

Friday 27th June 2014
quotequote all
Nope. I'm not a big football fan tbh but I cant see why an awful lunging tackle that ends a players career being acceptable in risk terms but a 'bite' (bearing in mind we dont know how hard it was, it could have been 'mouthing' rather than a bite, the fact the player bitten said the punishment was too harsh says to me calling it a 'bite' is a bit ott, he isnt Mike Tyson) is classed as something worse that the club shouldnt be exposing anyone to? I dont see it tbh.

A better example for me, instead of driving into Chernobyl on a daily basis would be someone biting me? Again, I dont think I could sue my boss because someone does that.

tenpenceshort

32,880 posts

248 months

Friday 27th June 2014
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It's a pretty academic question, but I'd imagine the liability would be on the authority organising/running the football. If they were negligent in allowing a player known to injure others to continue playing in that way. Proving that negligence would be fun. On the opposing side, the person choosing to play on the same field has possibly accepted their fate by playing. They might refuse to play, but this may conflict with their contract of employment.

valiant

14,333 posts

191 months

Friday 27th June 2014
quotequote all
Surely it's all about how much actual risk you are exposing your employees too?

How many matches and players does Suarez play against in any given year? How many players have been bitten in that time? In percentage terms it's miniscule.

You can't eliminate all risk from a workplace. Making employees aware of potential risk is key. Simply by saying that Suarez can be a bit 'bitey' would be enough.

paintman

7,861 posts

221 months

Friday 27th June 2014
quotequote all
Just fit him with a 'Hannibal Lecter' mask. problem solved.
http://www.amazon.com/HalloweenMasks-Human-Muzzle-...

speedking31

3,963 posts

167 months

Friday 27th June 2014
quotequote all
valiant said:
You can't eliminate all risk from a workplace. Making employees aware of potential risk is key. Simply by saying that Suarez can be a bit 'bitey' would be enough.
Like you could do with zoo employees who clean out the tiger enclosure hehe

Red Devil

13,530 posts

239 months

Friday 27th June 2014
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"The Fifa sanction is shameful, they have no sensitivity towards the fans, they might as well handcuff him and throw him in Guantanamo,"

"Suarez didn't kill anyone. This is an unjust punishment, the act of an incredible mafia."
Diego Maradonna


Still the primadonna then. It seems to be hard wired.

The usual predictable footballist whinge. rolleyes

Hardy surprising though in this case: birds of a feather springs to mind.


Edited by Red Devil on Sunday 29th June 01:17

johnny fotze

394 posts

156 months

Friday 27th June 2014
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Roy Keane has openly admitted that he intentionally ended an opposition player's career. John Fashanu deliberately put his elbow through someone's eye socket. Harald Schumacher tried his absolute best to take a player's head clean off. Suarez, being a dirty south American, caused an opponent momentary discomfort. Perspective, my friend, perspective.

paintman

7,861 posts

221 months

Friday 27th June 2014
quotequote all
Simple solution? Ban football. More trouble -and cost to the taxpayer - than its worth.

valiant

14,333 posts

191 months

Friday 27th June 2014
quotequote all
speedking31 said:
valiant said:
You can't eliminate all risk from a workplace. Making employees aware of potential risk is key. Simply by saying that Suarez can be a bit 'bitey' would be enough.
Like you could do with zoo employees who clean out the tiger enclosure hehe
HeHe biglaugh

I was trying to form a reply with references to wild animals, cages, escape plans and a buddy with a tranquilizer gun but quickly realised that it could easily apply to either Suarez or the tigers!

Leithen

14,149 posts

298 months

Friday 27th June 2014
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Given that all professional football players are effeminate divas, eighties style Dynasty shoulder pads built into yet another rip off strip ought to solve the Suarez problem.

Alternatively or additionally a charity auction ought to take place amongst local rugby clubs. The winning team gets to prowl along the sidelines awaiting a signal from the referee should he find himself being accosted by any number of players at any time or having to deal with some writhing deaths-door crippled actor(s).

The purpose of course would be to provide the footballers with an insight into what constitutes real physical pain and as an added bonus, entertainment for the spectators as they see the footballers running for their lives.

Full indemnity for the rugby players against having caused real physical injury would be provided, funded entirely by a tax on the overpaid footballers.

Alternatively, they could behave properly and show the referee the respect his position deserves.

Who me ?

7,455 posts

243 months

Friday 27th June 2014
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Last post drink. What I've noticed most in this world cup is not the emphasis on football ,but on how many Oscars a player can get, with the aim I suggest of getting the opposition player sent off or yellow carded into submission and rendered into a state of worrying about a repeat . There's little protection for those who play football against the actors .Perhaps we need a fifth official to look solely at how many times certain players act injured/fouled or feign injury, with respect to the opposition player in person. I've seen too many incidents in the goalmouth area on corner kicks, where it's more like a wrestling match than football, yet no action gets taken .

pork911

7,365 posts

214 months

Friday 27th June 2014
quotequote all
Leithen said:
Given that all professional football players are effeminate divas, eighties style Dynasty shoulder pads built into yet another rip off strip ought to solve the Suarez problem.

Alternatively or additionally a charity auction ought to take place amongst local rugby clubs. The winning team gets to prowl along the sidelines awaiting a signal from the referee should he find himself being accosted by any number of players at any time or having to deal with some writhing deaths-door crippled actor(s).

The purpose of course would be to provide the footballers with an insight into what constitutes real physical pain and as an added bonus, entertainment for the spectators as they see the footballers running for their lives.

Full indemnity for the rugby players against having caused real physical injury would be provided, funded entirely by a tax on the overpaid footballers.

Alternatively, they could behave properly and show the referee the respect his position deserves.
cliched view there


another would be rugby players mightn't behave so well if there was more £ at stake wink

TwigtheWonderkid

Original Poster:

49,234 posts

181 months

Friday 27th June 2014
quotequote all
johnny fotze said:
Roy Keane has openly admitted that he once intentionally ended an opposition player's career. John Fashanu once deliberately put his elbow through someone's eye socket. Harald Schumacher oncetried his absolute best to take a player's head clean off. Suarez, being a dirty south American, has 3 times caused opponents serious pain by being a complete .
EFA. Can you spot the difference?

If a dog did this 3 times, you'd put the vicious little fker down.

Leithen

14,149 posts

298 months

Friday 27th June 2014
quotequote all
pork911 said:
cliched view there


another would be rugby players mightn't behave so well if there was more £ at stake wink
There'd be some credence to that view if it weren't for equally bad acting/behaviour and levels of abuse towards referees at every level of the "game".

All levels, whether amateur, school or professional ought to have the threat of lengthy bans for any participants directing invective towards referees.

The real cliche is the increasingly ridiculous levels of feigned injuries that miraculously disappear minutes later. It's comical and terribly sad.

LoonR1

26,988 posts

208 months

Friday 27th June 2014
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Insurance vs assurance

If vs when

Remoteness

That should suffice

Red Devil

13,530 posts

239 months

Saturday 28th June 2014
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The big difference between association and rugby football is that, in the latter, the penalty for indiscipline can be very costly. If it occurs in a team's own half it is very likely to mean 3 points on the board for the opposition. In some cases it can result in a penalty try and a certain 7 points.

Furthermore there is very little of the overt disrespect for the referee which is commonplace in association football. Having men in the sin bin, or even sent off, is far more of a disadvantage for the offending team.

Variomatic

2,392 posts

192 months

Saturday 28th June 2014
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The simple solution would be for footfairies who punch, bite, headbut, or do anything else so clearly beyond the "normal" bargy stuff you'd expect in a contact sport (especially on camera in front of millions of witnesses) to be arrested and charged with assault - their position as role models being an aggravating factor of course - rather than leaving it to FIFA to award slapped wrists.

If I have a customer who really, really, annoys me (yes, there are some!) and I jump over the counter and bite him in front of witnesses then I'm going to get charged.