Our Hero Siya hurt in a High Tackle: Can Rugby Players Sue?
Hertzberg Salant Attorneys
Full Service Law Firm supported by Financial Specialists
By Garry Hertzberg and Natasha Sonblo of hersalaw.co.za
Ah, the thrill of victory! As proud South Africans, we celebrated as our beloved Bokke triumphed over the All Blacks in a bruising rugby match. What a game! The players didn’t just play—they slugged it out for every inch of that field. Bloodied noses, cuts, and bruises were the price paid for control of the ball. Our captain, the heroic Siya Kolisi hurt in a high tackle, left the field looking like he’d been through a battle, his face battered and bruised.
A question asked is whether a player can sue for injuries sustained on the rugby field.? The answer, rooted in Roman Dutch law and the principle of volenti non fit iniuria (if you consent, you can't complain), suggests that players accept the risk of injury when they step onto the field.
But hold on—there’s a twist. Our courts have ruled that if a player's conduct flagrantly breaks the rules with the intent to cause serious injury, or if they act with full knowledge that their actions could result in severe harm, legal liability could indeed follow. In short, it all depends on the specifics of the case.
So, while rugby remains a rough-and-tumble sport, there are limits, even in the heat of the game. Each case is judged on its own merits—just like every match.
What's your opinion of the tackles in Saturday's game and Siya's injury?
#RugyPlayers #SueforInjury #Bokke