Ty Zantuck, a retired AFL player, has successfully been granted an extension of time to bring proceedings in negligence against the Richmond Football Club and two club doctors. Mr Zantuck claims the Richmond Football Club and its doctors failed in the duty of care they owed to him. He claims he has been permanently impaired by a back injury and repeated concussions, which he sustained when he played for Richmond.

Once upon a time a player who engaged in dangerous sports was presumed to accept the risks associated with the game on the basis “they knew what they were getting into”. However, football players are now considered to be employees to whom a duty of care is owed. If an employer is negligent in that duty of care and a player is injured, then damages can flow for injuries sustained due to that negligence.

In Mr Zantuck’s case, he was well outside the statute of limitations for bringing such claims, which is usually limited to 6 years. However, the Victorian Supreme Court recently held that Mr Zantuck can apply out of time. He is now free to sue Richmond Football Club and two team doctors for compensation.

Mr Zantuck claims the Richmond Football Club and team doctors breached their duty of care because between 2000 and 2004 he was repeatedly cleared to train and play despite his injuries. Mr Zantuck claims the club and doctors should have known that continuing to train and play would make the injuries worse. In addition, Mr Zantuck claims the club and doctors failed to provide him with proper treatment, aside from pain injections. Mr Zantuck claims that due to the club and doctors’ negligence he cannot work, and he continues to suffer from extreme neck and back pain. In addition, he suffers from depression and anxiety, and has an acquired brain injury.

The Victorian Supreme Court held that the reasons for the delay in Mr Zantuck bringing his claim were understandable and reasonable. Mr Zantuck had been discouraged from pursuing his claims earlier by other lawyers when he sought legal advice, and his acquired brain injury was only diagnosed in 2021. The Court found that the type of brain injury Mr Zantuck had was one that became pronounced over time.

The implications of this decision are that retired AFL players who are continuing to suffer life-changing injuries as a result of their playing days, which they can show is due to the negligence of their club for not properly treating those injuries, may be able to commence claims for compensation.

By Kelly Godfrey