If you’ve been injured playing sport or taking part in a recreational activity, we know how confusing it can be to figure out whether you actually have a claim. At Blumers Personal Injury Lawyers, we work exclusively for injured people across Perth and WA, and sports and recreation injuries are exactly the kind of complex, fact-specific matters we handle every day.
The short answer is this: whether you can claim compensation depends on how your injury happened, not just that it happened. Getting that distinction right is where most sports injury claims are won or lost, and it’s where our experience makes a difference.
Who Is Responsible When You’re Injured Playing Sport?
We start every sports injury matter by asking who controlled the risk that caused the injury. A gym is responsible for equipment it knew was faulty or poorly maintained. A sports club is responsible for a playing surface it knew was dangerous. A coach or instructor is responsible for reckless direction that went beyond what the sport reasonably involves. In some cases, a fellow player can be responsible if their conduct fell entirely outside the rules of the game.
Western Australia’s Civil Liability Act 2002 draws a firm line between someone breaching a duty of care they owed you and you simply being hurt doing something that carries inherent risk. Those are two very different situations, and we can help you distinguish which one applies to your injury.
What Is a “Dangerous Recreational Activity” Under WA Law?
Under section 5H of the Civil Liability Act 2002 (WA), you generally cannot claim for harm that results from an obvious risk of a dangerous recreational activity. Boxing, mountain biking, surfing and competitive contact sports typically fall into this category. A boxer who gets hit or a mountain biker who comes off on a technically demanding trail is unlikely to have a claim for that specific outcome.
But the obvious risk defence has real limits, and we have the experience to identify where those limits fall and whether they work in your favour. An operator or organiser loses that protection where you specifically asked about a risk and weren’t told the truth, or where the harm came from something outside the normal scope of the activity entirely, such as defective equipment or an unsafe venue.
To put it plainly: a netball player who rolls an ankle landing during normal play is probably facing an obvious risk. A player who sustains the same injury on a court surface the club knew was damaged and left unrepaired is in a completely different position. At Blumers, we help you understand which side of that line your situation falls on.
Does Signing a Waiver Mean You Can’t Claim?
This is one of the most common misconceptions we encounter. A signed waiver does not automatically end your rights. Recreation providers in WA can rely on waivers and exclusion clauses under the Civil Liability Act, but those clauses cannot exclude liability for reckless conduct, which the Act defines as proceeding in the face of a known significant risk without adequate justification.
If a provider ignored a hazard they knew about, skipped a safety check they knew was necessary, or allowed unqualified staff to run a session, a waiver is unlikely to protect them. We review the specific wording of waivers and the facts of what actually occurred before reaching any conclusions, because that’s the only way to give you an accurate picture of where you stand.
Can You Claim Against a Coach, Referee or Sports Club?
Yes, in the right circumstances, and we can help you assess whether yours qualifies. Volunteer coaches and officials are generally protected from personal liability under the Volunteers (Protection from Liability) Act 2002 (WA), with liability shifting instead to the club or association they volunteered for. That protection disappears if a volunteer acted outside their authority or took on something they weren’t qualified for.
Paid coaches, instructors and commercial operators carry no such protection. A personal trainer who pushed a client well beyond their assessed capacity, or a swim instructor who failed to properly supervise a beginner, can face personal liability alongside the facility that employed them. We at Blumers act for injured people in exactly these circumstances.
What About Injuries to Junior Players or Children in Sport?
Junior sport raises the same duty of care questions as adult sport, but the standard of supervision and care the law expects from clubs and organisers is higher given the age and experience of the players involved. Children cannot be expected to assess risk the way adults can, and the law accounts for that.
A club running junior competition is expected to match players appropriately by age, size and skill level, provide properly trained coaches, ensure equipment is correctly fitted for younger players, and supervise training and matches at a level appropriate for the age group. A club that mismatched an under-12 team against significantly older or bigger players, ran a session without a qualified coach present, or ignored a known equipment fault is not sheltered by the obvious risk provisions simply because children sometimes get hurt playing sport.
These are exactly the kinds of failures we look at when parents come to us after a junior sport injury. Many assume that because sport carries inherent risk, nothing can be done. That’s often not the case, and it’s worth getting proper advice before reaching that conclusion.
What Can You Actually Claim After a Sports or Recreation Injury?
Where a genuine claim exists, we pursue the full range of compensation available under WA law. That includes medical and rehabilitation costs, lost income if the injury kept you off work, pain and suffering assessed against the Civil Liability Act 2002 (WA) general damages threshold, and paid or unpaid care where the injury affected your daily capacity.
For serious injuries, future economic loss and ongoing care costs are often the most significant component of a claim, far exceeding the initial medical expenses. We take the time to understand the full impact of your injury so that nothing is overlooked.
It’s important to note that outcomes depend entirely on the specific facts of each matter, and no result can be guaranteed in advance. What we can guarantee is that we’ll give you an honest assessment from the outset.
What Should Sports Clubs and Facility Operators Know About Their Liability?
Understanding what clubs and operators are actually responsible for can help clarify whether a genuine claim exists. Even where individual volunteers are personally protected, liability transfers to the club or association rather than disappearing. WA’s Consumer Protection guidance for incorporated associations recommends clubs hold adequate public liability insurance, maintain documented risk assessments and safety records, and ensure coaches hold current accreditation for the activities they run.
Waivers help, but they are not a substitute for genuinely managing foreseeable risks. Equipment condition, venue hazards and coach qualifications all sit outside the obvious risk defence, and clubs that rely on a signed form to cover those areas may find it offers far less protection than they assumed. If a club or operator fell short in any of these areas, that’s something we can look at as part of assessing your claim.
What Should You Do After a Sports Injury?
Seek medical treatment first and make sure the injury is documented thoroughly, including how it happened. If faulty equipment or a venue hazard was involved, photograph it before anything is repaired or removed. Collect contact details for any witnesses.
Then speak to us early. The line between an obvious risk you can’t pursue and a genuine breach of duty that gives rise to a claim is often narrow, and it’s harder to draw correctly without experience in this specific area of law.
Talk to Blumers About Your Sports Injury Claim
At Blumers, representing injured people is our sole focus, and that means every part of our practice is built around getting the best possible outcome for you. We offer a free initial consultation, charge no upfront fees, and operate on a no win, no fee basis.
If you’re unsure whether your sports or recreation injury gives rise to a genuine claim, contact us today and we’ll help you understand where you stand.