Magic Hat wrote:Matt M wrote:
I just hope Eduardo takes legal action against Taylor.
Even when Roy Keane admitted injuring somebody on purposes, his victim was unable to win the court case. Doubt Dudu has much chance either and would only make things worse as it all gets dragged out
The problem with Haaland suing Roy Keane was that Haaland had a pre-existing injury. To sue someone, you need to be able to show certain things: (1) a duty on the part of the person being sued to behave towards the person suing in a particular way, (2) a breach of that duty by the person sued, (3) damage or harm suffered by the person suing and (4) a causal link between the breach and the damage suffered.
In Haaland's case, the problem was that his pre-existing injury (which no-one knew about at the time of the injury caused by Keane) meant that he didn't lose that much of his career as a result of Keane's actions, because Haaland would have had to have retired early anyway. In law, this meant that he could not recover any meaningful compensation, even though Keane had done everything to make himself (and Man U) liable.
Unless Eduardo has a serious pre-existing injury similar to Haaland's, he would not lose a case for the same reason as Haaland was unable to sue. However, I doubt legal action is very sensible for Eduardo to start: it would attract lots of negative PR from the neanderthals in the British press and (as set out below) it would probably fail for different reasons.
To answer The Joy of Cesc's point, sportsmen and women accept a degree of risk of injury when they compete, but there is a limit to what they accept. The question would be whether Taylor's challenge was of such seriousness that it was beyond the scope of what a player would accept as being reasonably possible. Personally, I think the challenge was beyond the pale but a court would very likely decide that there is insufficient evidence to rule that Taylor had breached his duty to Eduardo. Any case would therefore likely go the way of Paul Elliott's claim against Dean Saunders in the 1990s, i.e. the claim would fail.