Representing the defence, the nature of this case regards clams that the NRL was negligent in relation to Alex’s three way tackle in a game between the Newcastle Knights and the Melbourne Storm. This tackle saw Alex come into contact with Jordan McLean, Jesse Bromwich, and Kenny Bromwich, in which he was lifted up and awkwardly landing on his neck, which consequently saw him become paralysed. To quote Alex’s then coach of the Knights, Wayne Bennett, “It’s sad and extremely disappointing for him. There is not much we can do about it” (Sydney Morning Herald 2014.)
Correspondingly, that is the unfortunate truth. Alex’s unforeseen paralysis is indeed ill-fated and an extreme circumstance. However, the NRL does not have the power to correct his injuries; it is beyond our ability. To claim that the NRL is at fault for Alex’s injuries is a far cry as our duty of care does not extend, nor directly fall with him. That duty of care falls to the club itself as we merely act as an organisational sporting body. As his duty of care directly falls to the Newcastle Knights and the injuries were sustained during a game, we implore the fact that we are not legally liable to be sued for alleged negligent actions because they execution of the tackle was not conducted on our ‘behalf.’
As Alex is arguing that the NRL did have a duty of care, we will ...
... middle of paper ...
...f ensuring to provide the players that we represent rules that are positive and fair for the future of the National Rugby League. Along with the NRL judiciary, it is also truthfully synthesised that we ensure that incidents that occur are regulated and have a fair, independent, and in-house trial. Summarily, the NRL and its judiciary effectively regulate and implement the best for the game. We recognise that the incident that Alex McKinnon was involved with was both an unfortunate and atrocious situation. However, we believe that on the grounds of not having a direct duty of care, the party who is at fault is not the National Rugby League as a whole. We have stated that vicarious liability does not apply in regards to this case and the concept of violenti non fit injuria sees the fact that Alex most certainly would have been aware of the dangers of playing the game.
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