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Matt Hankin Suing Saracens

RedruthRFC

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If a read it wrong he is suing a player and a doctor not the club.

I could be wrong I only read it quickly

The Facebook clickbaiter's article that I read only mentioned the doctor and Barrington, but this article says "Mr Hankin is pursuing a claim against a former teammate, his doctor and Saracens." As it mentions vicarious liability further down the article, it seems that the club is involved too. I'm not saying that Saracens will be found liable, but a previous case has established that clubs can be found vicatiously liable for players' actions.
 

TRF_Olyy

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Feel like if you sign up to this (this isn't him, but it's a pretty common tourist drinking game in that part of the world) then you kinda get what you get


Poor effort from the medics not to recognise he wasn't fit to play, but to sue the guy who hit him feels a bit daft
 

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I thought the same. It sounds like a game gone wrong rather than a malicious act.

Although a very powerful (and probably drunk) guy hitting you on the head with a fire extinguisher doesn’t sound like it was ever going to be a good idea.
 

TheSaffycen

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Feel like if you sign up to this (this isn't him, but it's a pretty common tourist drinking game in that part of the world) then you kinda get what you get


Poor effort from the medics to recognise he wasn't fit to play, but to sue the guy who hit him feels a bit daft
I've never seen that before, obviously lived a sheltered life. Yeah that's just ridiculous for anyone, let alone a professional sportsman.

Not sure how he's going to sue Saracens, not sure the grounds of it, just thought it was an interesting article.
 

Which Tyler

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I thought the same. It sounds like a game gone wrong rather than a malicious act.

Although a very powerful (and probably drunk) guy hitting you on the head with a fire extinguisher doesn’t sound like it was ever going to be a good idea.
Agreed

Though it's way more dodgy for the medical staff, which his presumably where Saracens potential liability comes in.
IF they assessed him, and let him play rugby whilst suffering symptoms of concussion, then they, and their employer, should face sanctions for that.
But there's a lot of its and bits in there.

Beyond that, it seems like a lawyer who's simply filing against everyone they can think of in the hopes that something sticks
 

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munstermuffin

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The only mad thing is if he somehow succeeded in this action. ALOT of clubs will be worried. Leinster and Munster I can think of at least 10 cases that were on par.
 

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Gavin Henson rewatching that video of him getting knocked out by Carl Fearns
uYG6ZBf.jpg
 

die_mole

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The Facebook clickbaiter's article that I read only mentioned the doctor and Barrington, but this article says "Mr Hankin is pursuing a claim against a former teammate, his doctor and Saracens." As it mentions vicarious liability further down the article, it seems that the club is involved too. I'm not saying that Saracens will be found liable, but a previous case has established that clubs can be found vicatiously liable for players' actions.

vicarious liability doesn’t necessarily mean wrong doing on the part of the employer. It just means the employee committed the tort “under the scope” of their employment.
 

TheSaffycen

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Sorry, but as someone with no love of Saracens that action is rubbish.

He happily got hit on the head with a fire extinguisher. If he's too stupid to realise there may be side effects to that then he's too stupid to be playing a sport where he's responsible for the safety of other players.
Yeah I didn't know about the drinking game aspect of this, just assumed it was some stupid joke.
 

RedruthRFC

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vicarious liability doesn’t necessarily mean wrong doing on the part of the employer. It just means the employee committed the tort “under the scope” of their employment.

Ironic in the context of a discussion of the law I know, but where did I say that it does?
 

die_mole

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Ironic in the context of a discussion of the law I know, but where did I say that it does?

looking back, I think I was replying to which Tyler but clicked on yours cause you put the actual language in.
 

RedruthRFC

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Makes sense - and is exactly what I was getting at.

The medical part seems pretty straightforward to decide based upon whether medical staff were aware (or made aware) of the alleged problem and whether they dealt with it appropriately within RFU / World Rugby and GMC guidelines. If the medic is found to have acted improperly, I'd have thought it follows that Saracens are vicariously liable.

The thorny part is whether the same can be said if Barrington is found to be liable. Given that it was a team building trip, I could see how you could argue that Saracens are liable, particularly if anyone in a position of authority was present and if (as could be expected in rugby) the players were encouraged to have a belly full of beer together. There could easily be an element of having a pop at as many people as possible, but I'd have thought that it's more motivated by the fact that you're more likely to get a tasty settlement out of a famously well off rugby club, than you are out of a journeyman prop.
 
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