Tour crash: long, legal route
MISSING OUT: CAVENDISH WON’T TAKE COMPENSATION BATTLE LIGHTLY
UCI protected from having to cover legal costs from cases filed by riders.
While his team made no immediate threats of legal action following a high-speed crash at the Tour de France this week, British rider Mark Cavendish and South African outfit Dimension Data would have to search elsewhere for compensation if they hoped for further retribution from race organisers and officials.
Aiming for victory in a late sprint on Tuesday’s second stage, Cavendish was elbowed by Slovak rider Peter Sagan, crashing against the barrier. He was later forced to withdraw from the race with a broken shoulder blade.
While Sagan was disqualified, however, his sanction from the contest did not compensate Cavendish or his team for loss of income in prize money and potential value in sponsors’ exposure.
Cavendish would not receive any of the lucrative prize purse at the Grand Tour race, with €920 000 euros on offer for the top five riders and the first 160 men across the finish line taking a cut.
International Cycling Union rules and regulations allowed for the suspension and fining of riders and teams for serious rule infringements, but the global body, its members and race organisers were protected from having to cover legal costs from cases filed by riders and teams.
According to the federation’s rules: “Anyone subject to the UCI regulations shall refund any amount or fine that the UCI, a national federation or any organisers might have to pay to a third party because of the action of that offending party.” And though battles against federations and organisers could be launched at the Court of Arbitration for Sport, riders and teams would have to approach civil courts to settle legal matters between themselves. Cavendish and Dimension Data did not respond to queries about potential action against Sagan, but they were not the first participants in global sport to be sidelined or handed a significant knock through no fault of their own. In 2007, French long jumper Salim Sadiri was struck in the back with a javelin while stretching on the side of the field at a meeting in Rome, after Finnish athlete Tero Pitkamaki slipped when he released the implement. Back in 1977, basketball player Rudy Tomjanovich was punched by fellow American Kermit Washington in an on-court fight, fracturing his skull, nose and jaw. Tomjanovich never approached his best form again.
In a show of intense desperation, boxer Mike Tyson bit off a piece of Evander Holyfield’s ear in a heavyweight fight in Las Vegas in 1997. Tyson was later suspended from the sport.
Even more tragic have been the many deaths related to sport.
In 1920, baseball player Raymond Chapman was hit in the head by Yankees pitcher Carl Mays, resulting in his death and highlighting the need to wear protective clothing and equipment on the field of play.
But a number of deaths have since made headlines over the years in impact sports, including motor racing, rugby and boxing, with the careers of multiple athletes ending in their prime.
Cavendish and Di-Data may have a long battle ahead of them if they hope to claim damages for any losses. Whether or not they take any action, however, they can at least rest assured that they are not the first to yield to the dangers of top-flight sport, and they won’t be the last. Ben Smoldon In 1996, referee Michael Nolan was sued by junior rugby player Ben Smoldon, after the young forward broke his neck during a match in England.
Nolan was found to have failed to implement a rule which ensured the scrum remained stable. While Smoldon also took legal action against opposition forward, with Thomas Whitworth, accusing him of collapsing the scrum and causing the injury, Nolan was held liable. Brian Welsh Scottish football player Brian Welsh sued Dr Malcolm Morrison for £350 000 in 2008, claiming an injection from the medical professional had ruined his career. After receiving a steroid jab to his Achilles tendon, Welsh insisted he should have been referred for surgery. After a 10-year legal battle, the matter was ultimately settled out of court. Billy Collins In 1983, American professional boxer Billy Collins sustained serious injuries against Puerto Rican Luis Resto who soaked his gloves in plaster of Paris before the bout. Unable to fight again, Collins later committed suicide. While his family sued the New York State Boxing Commission, they lost. Paul Elliott After sustaining a serious knee injury in 1994, Chelsea defender Paul Elliott sued Liverpool player Dean Saunders for £1 million, seeking damages and accusing him of causing the injury in a tackle. Elliott, who never played again, went on to lose the case and faced significant legal costs after failing to prove Saunders had intentionally targeted him. Jan Blignaut In 2009, pole vaulter Jan Blignaut sued Athletics South Africa (ASA), accusing the federation’s officials of negligence after sustaining head injuries in a fall at a track and field meeting in Pretoria. ASA lost the case, after failing to send a representative to appear in court, and the athletics body was ordered to pay R10.4 million in damages and legal fees. – Wesley Botton