n South African Law Journal - Wrongfulness and delictual liability for rugby injuries : Roux v Hattingh (SCA) : notes
|Article Title||Wrongfulness and delictual liability for rugby injuries : Roux v Hattingh (SCA) : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Affiliations||1 University of the Free State and 2 University of South Africa|
|Publication Date||Jan 2014|
|Pages||244 - 253|
In the course of a rugby match the hooker of one team (H, the plaintiff in the court below) suffered a serious neck injury during a scrum. H alleged that the injury was caused by an illegal and highly dangerous manoeuvre, apparently coded 'jack-knife', whereby his opposing hooker (R, the defendant in the court below) forcibly placed his head in the incorrect channel of the scrum, as a result of which R's head impacted directly and with force onto H's neck, thereby causing the fracture of his neck. H instituted an action for damages against R. R denied the allegations and also raised a ground of justification, namely that H, by participating in the rugby match as hooker, accepted the risk of injury involved in such participation. In the trial court (Hattingh v Roux NO & others 2011 (5) SA 135 (WCC)) Fourie J found for the plaintiff (for a discussion, see J Neethling & J M Potgieter 'Volenti non fit iniuria and rugby injuries' (2012) 75 THRHR 675; R Ahmed 'Voluntary assumption of risk as a defence, excluding delictual liability with regard to sports injuries' (2012) 33 Obiter 414; cf Raheel Ahmed Contributory Intent as a Defence Limiting or Excluding Delictual Liability (unpublished LLM dissertation, University of South Africa, 2011) 45-7).
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