James Ashworth
Why concussion is now a legal issue
For decades, knocks to the head were treated as part of the game. Today, that attitude has shifted. Medical evidence linking repeated concussions to long-term neurodegenerative conditions has changed public expectations and, increasingly, the legal landscape. Clubs, coaches and governing bodies are no longer judged solely on whether a player wanted to carry on. They are judged on whether they took reasonable steps to protect that player from foreseeable harm. That shift has turned concussion protocols from a matter of good practice into a potential source of liability.
Duty of care: who owes what
A duty of care arises whenever one person or organisation can reasonably foresee that their actions might injure another. In contact sports, that duty is owed by multiple parties. A club owes a duty to its players. A coach owes a duty to those under their supervision. A governing body owes a duty to set and enforce appropriate safety rules. Even referees can owe a duty to stop play when a player is clearly in distress. The standard is not perfection. It is the ordinary skill and care expected of a reasonably competent club, coach or official in the same circumstances. Courts will consider the level of the sport, the age of participants, the resources available and the known risks of the activity.
Return-to-play rules and the legal standard
Most sports now have graduated return-to-play (GRTP) protocols. These typically require a period of complete rest, followed by light aerobic exercise, then sport-specific drills, then full contact. Same-day return is generally prohibited for adults and children alike. The law does not require clubs to eliminate all risk, but it does expect them to follow their own published protocols. If a club or governing body sets out a six-stage return-to-play process and then ignores it, that inconsistency can be powerful evidence of negligence. Medical clearance should be genuine, not a box-ticking exercise. A pitchside assessment that lasts less than a minute, or a decision made by a coach with no medical training, will rarely satisfy the legal standard.
When a negligence claim may arise
A successful negligence claim usually requires four things: a duty of care, a breach of that duty, causation, and damage. In a concussion context, that might look like this. A player takes a heavy blow, shows clear signs of concussion, but is allowed to continue. Later, they suffer a second impact and develop long-term symptoms. The club may have breached its duty by failing to remove the player from play. The breach may have caused or worsened the injury. The damage is the lasting impairment. Claims can be brought against clubs, coaches, and governing bodies. Vicarious liability means an employer can be liable for the acts of its employees. Contributory negligence may reduce damages if the player ignored advice. Limitation periods apply – generally three years from the date of injury for adults, with special rules for children.
- Allowing a player to return to play after a suspected concussion without medical assessment.
- Failing to train coaches and volunteers in concussion recognition.
- Ignoring or overriding advice from a qualified healthcare professional.
- Not keeping adequate records of head injuries and return-to-play decisions.
- Providing inadequate insurance cover or failing to inform players of risks.
Practical steps to manage risk
The good news is that most liability can be managed with sensible, proportionate steps. Start with a written concussion policy that is specific to your sport and age group. Train everyone – coaches, volunteers, parents – to recognise the signs. Ensure a qualified person is available to assess head injuries at matches and training. Record every incident, including symptoms, decisions, and who made them. Follow your return-to-play protocol every time, without exception. Review your insurance annually. And remember that waivers and consent forms do not remove a duty of care. They may be relevant to contributory negligence but they will not absolve a club of its legal obligations.
If you are a player or a parent, ask questions. Does your club have a concussion protocol? Is it published? Who makes the return-to-play decision? Are they trained? You are entitled to clear answers. If an injury happens, keep a record of what occurred and seek independent medical advice. Early legal advice can help clarify whether a claim is worth pursuing. The aim is not to turn sport into a courtroom, but to ensure that the duty of care is taken seriously. That protects players, clubs and the sports we love.
