Legal Analysis of Negligence in Sports Injury Case: Can Brad Sue for Compensation?

Assignment 1

Table of Contents
Answer 1..........................................................................................................................................3
Answer 2..........................................................................................................................................5
References........................................................................................................................................6

Answer 1
Issue: Brad agreed to play ball hockey without having practiced for past few years, as a
substitute, on Patrick’s advice. He wanted to try his new composite sticks which were made from
molded resin and were susceptible to breaking. When he reached at the ball hockey facility,
Patrick informed him that he would have to play in the name of a registered player, as substitute
players were not allowed in the league to which the former agreed. He even noticed a sign in the
parking lot in which it was mentioned that only registered players were permitted to play at the
facility. In spite of knowing the same, he started playing and got severely injured.
Whether Brad could take legal action against Katherine, Syntac, Erica and Patrick and
what would be the possibility of achieving success?
Rule: It is considered as a general duty to ensure that the action by a person does not expose
others to unreasonable risk of harm, which is also known as ‘duty of care’. If someone fails in
that duty, he/she could be held liable for negligence(Mackesy Smye Lawyers). As stated by the
Supreme Court of Canada, negligence is such a conduct that causes an objectively unreasonable
risk of harm. It can involve intentional or unintentional actions or lack of actions.
Application: It should be considered as negligence on the part of Brad that he ignored the
signboard and agreed to play while similar negligence was on the part of Patrick, that he
provoked Brad despite knowing the fact that only registered players were allowed to play in the
league.
Secondly, being in the legal profession himself, Brad played using the name of other registered
player which itself is illegal(Linden). As determined by the investigator, the surface of floor was
constructed of synthetic rubber material and was worn and uneven at various places including the
area where Brad fell. Though the owner being aware about the situation of the floor, it was in the