Hi folks
I am from the UK but looking for some advice if anyone can help.
My boyf was playing cricket at his local club and was struck in the right eye by a cricket ball with full force in May07. The impact shatered his orbit, nasal wall and his eye fell inside and to one side. 3 reconstructive and muscular surgeries later, double vision, pain etc and the medical conclusion is that he will have to wear a lens which will make him blind in that eye because the images just can't be fixed.
I am trying to assess here if we have a valid claim. I have some points of negligence as follows:
Defendant’s neglect
- The club referee witnessed the aggressive shot, failed to discipline the offending player and did not prepare a match report.
- The defendant did not the log accident or offer any assistance. They did not log details of the gentleman who batted and caused the injury, or advise him on a claims procedure.
- The defendant did not have a first aid person on duty, despite holding cricket games all season
- The defendant does not have a white background installed at the playing field to help people see the ball travelling at high speed. Instead there are trees in the background (green and red background, which makes it very hard see the ball)
- The defendant does not oversee that fielders are wearing correct head gear to protect themselves within a certain distance of the batting team
- An accident could be foreseen given the above information but nothing has ever been done to prevent it at this club
- The defendant showed a lack of empathy for the claimant and the severity of the injury as they kept the game going with no regard for the claimant as he was left lying on the grass for an ambulance to arrive and rush him to hospital in a 999 call.
- The defendant did not contact the claimant to show concern for him despite that he had been a member of the club for years
Would his claim be against the club or against the person who held the bat? And even if it is against the individual, would the claim be made via the club?
I am not too sure of how to start but we can only start litigation now as we have reached the medical conclusion that his eyesight cannot be fixed and that took some time due to the severity of the injury and the medical proceedures he has had o go through. If it had been fixable we probably wouldn't have been going down this route.
Any help or advice would be muh appreciated!!!
Thanks