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From Locker Room to Courtroom: Lessons from Elite-Sport Litigation

By Mark Hollinghurst

Published In: Personal Injury, Sports Law
By Rick Miller, BSc., MSc., RD, Consultant Dietitian & Expert Witness and Mark Hollinghurst, Director and Solicitor at Switalskis.

Elite sport pushes human biology to its limits. But when the same systems designed to enhance performance fail to protect an athlete’s health, the legal aftermath can be complex. 

With over two decades working in high-performance sport and as an expert witness, I’ve seen how small physiological red flags: missed hydration data, under-fuelling and supplement misuse can jeopardize an athlete’s health and performance, potentially giving rise to legal action. 

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When Duty of Care Meets the High-Performance Mindset

Elite athletes are often supported by a multi-disciplinary team of professionals. Every member of that team, i.e. coaches, sports psychologists, physiotherapists and clinicians can owe a duty of care to their athlete.

Yet in many environments, performance urgency blurs clinical caution. Athletes are urged to “push through,” weight is cut rapidly, or recovery corners are trimmed - all in the name of results.

When an athlete’s health is negligently harmed, the law doesn’t make exceptions for medals.

Harmful health outcomes for athletes: nutritional mistakes

An athlete’s nutrition is the keystone of their ability to perform and is often a large focus of any sports team or sports coach. However, without careful management, a focus on optimising an athlete’s weight or build can distract from significant harms caused by extreme nutrition and hydration protocols, causing:

  • Chronic Relative Energy Deficiency in Sport (RED-S).
  • Heat-related collapse.
  • Supplement contamination causing doping bans or toxicity.
  • Post-operative malnutrition after surgeries.
  • Post-injury under-nutrition delaying healing and reducing career longevity.

From experience I see that elite-sport injury is seldom caused by a single event; it’s about cumulative, measurable strain. Forensic nutrition analysis, energy balance and hydration markers are all useful tools in identifying when an athlete’s body may begin to fail.

Avoiding foreseeable risk

The lessons from previous legal actions against coaches and sports clubs are that a proactive approach to safety and risk management for athletes is crucial where foreseeable risks to health arise.

As per Watson v British Boxing Board of Control [2001], this requirement can even extend to sports governing bodies, who can be found to owe athletes a duty of care for the provision of organised medical support.

As athletes increasingly turn to the fields of sports science and sports medicine to achieve peak performance, we expect to see a rising trend in the need for legal intervention when things go wrong and athletes suffer avoidable harm.

Get advice from a specialist solicitor

If you believe you have suffered a sports injury caused by negligence, its important to get advice as soon as possible. A specialist solicitor can assess the strength of your claim, explain your options clearly, and guide you through the process.

At Switalskis, we have experience helping people secure compensation to cover medical treatment,   rehabilitation, lost earnings and, where needed, long-term care.

Why acting quickly matters

Taking early legal steps can make the claims process easier. It ensures evidence is preserved and    helps you avoid missing strict time limits for bringing a claim. In most personal injury cases, you have three years from the date of the incident, but it’s best to seek advice as soon as you can.

How Switalskis can support

We understand that a sports injury  can affect much more than your physical health. It can impact your work, your independence, and your wellbeing. Our personal injury team  is here to listen, support you through your recovery, and help you move forward with confidence.

If you’ve been injured while playing sport and believe negligence was involved, we’re here to help you explore your options.

Find out how Switalskis can help you

Call Switalskis today on 0800 1380 458 . Alternatively, contact us through the website to learn more.

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Mark qualified as a solicitor in 1991.  He is Managing Director of the Personal Injury department.  Mark is also a member of Switalskis' Management Board.

Managing Director of Personal Injury

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