Chronic Traumatic Encephalopathy (CTE) and the Characterisation of "Obvious Risk of Harm": Dangerous Recreational...

As athletes who are said to be suffering with the symptoms of Chronic Traumatic Encephalopathy (CTE) move towards prosecuting their Sport Governing Body (SGB) in negligence, a critical aspect of a plaintiff's claim is how a court of law will characterise "risk of harm" in the form of CTE. A general, broad characterisation of CTE as a type of concussion or head trauma would operate to bring defences associated with "obvious risk" into operation and perhaps threaten the athlete's case irredeemably. This article argues, however, that a narrow characterisation of CTE - as a neurodegenerative disease or tauopathy - or specifically as CTE, is appropriate in law and fact. It must be accepted as a matter of logic that the "risk of harm" in the form of CTE is today an "obvious risk" to premier-level contact sport athletes, such that an athlete's claims in negligence against an SGB will, all things being equal, be defeated.