Rugby liability ruling 'sets legal precedent' for sport claims, says lawyer

Lawyers for a mother of two left with life-changing injuries from a dangerous rugby tackle say the court’s positive liability decision opens the way to similar cases.

Dani Czernuszka, now 34, broke her spine after a challenge from Natasha King during an amateur match between Reading Sirens and Bracknell Ladies in 2017.

The victim, who was seven stone lighter than her opponent, was crouched down and waiting to pick up the ball but was crushed by King exerting her full weight on her neck and back, a judge found. Czernuszka, who now plays para ice hockey for Team GB, was in hospital for six months and will need to use a wheelchair for the rest of her life.

In a judgment published last week, Mr Justice Martin Spencer acknowledged that claims for sporting injuries were rare but said players ‘cannot be immune from the law of negligence’. In this case, King was heard to have threatened to ‘break’ the victim a few minutes before the injury was incurred and the judge said she did ‘exactly what she set out to do’ by making a tackle with ‘reckless disregard for the claimant’s safety’.

Damian Horan, legal director with London firm Aspire Law, who represented Czernuszka, said the claim could be worth as much as £10m, which will ensure she receives the financial and rehabilitation support she needs. He suggested that the ruling could make further sporting claims possible having clarified the application of previous case law surrounding spinal cord injury.

‘Rugby is a sport to be enjoyed by players and spectators from grassroots level right through to the professional game,’ said Horan. ‘However, this case is a timely reminder that a player’s actions on the pitch never stay on the pitch and can have catastrophic consequences. The outcome sets a legal precedent for future sporting injury claims involving spinal cord injuries and we hope that Mrs Czernuska’s case goes a long way to raise awareness of the dangers involved with foul play on the sporting field.’

Czernuszka said: ‘I am grateful for today’s ruling and to finally put to bed all of the untruths and fabrications surrounding what happened during the game that day. Learning to live with my lifechanging injuries has been difficult and something I could not have done without the support of my family and close friends.

‘Sport has always given me great pleasure in life, and I don’t blame the game of rugby for what happened that day. Ultimately, I feel I was let down by improper and poor behaviour from the opposing player, coaching staff and the referee.’

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