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Dean Ashton 'Vicarious liability' case maybe brought against Chelsea


sweet waffle

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Dean Ashton brings compensation claim for career-ending injury (Guardian)

Dean Ashton is bringing a case of "vicarious liability" against either the Football Association or Chelsea to gain compensation for the ankle injury that ended the former West Ham striker's career following a tackle by Shaun Wright-Philips during an England training session in August 2006.

I feel sorry for Ashton and rated him highly as a player but how on Earth can we be liable for his injury when it was an England training session?!? It's not like we'd have instructed Wright-Philips to foul him.

Edited by sweet waffle
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How can you guys forget s that we also took Reading to court for compesation because Cech became a scrap of a stopper following a challenge on him by Hunt

Cech got injured by a Reading player in a match between Chelsea and Reading. Ashton got injured while training with the English national team. ;)

Edited by Maksimov
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As a law student, I have a little experience with these things. From my understanding, he would not have a case against SWP unless the injury occurred from an action that a reasonable person would not expect to incur from playing football. For example, Eduardo's injury against Birmingham would not give him standing to sue, whereas Materrazzi might have a better case against Zidane.

This of course is just dealing with anything Ashton could bring against SWP. There is really no way that CFC could be involved in this case at all.

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Ashton should get with the times. This isnt three years ago, and as the transfer ban debacle showed tossing sh*t in our direction and hoping it sticks wont work when we have the power of the law behind us.

Ace's post is interesting, and confirms my suspicion that this case would be thrown out based my best guess. Interesting to see that he is suing us OR the FA. It seems like he is not getting the best legal advice if he doesnt even have the defendant sorted out

Edited by TheWestwayWonder
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http://en.wikipedia.org/wiki/Deep_pocket

It's not so much bad lawyering as just the normal in lawsuits like this. You try and attach as much money as you can if you're looking to get paid, as Ashton probably is. If there's a bus accident you don't just try and find negligence with the bus driver but something you can blame the actual bus company and manufacturer for. However, the facts need to support something of this nature to get the club attached to the suit. Basically, Ashton would need a record showing CFC was training players to take out a player's ankle or something, definitely not an issue. Likewise, unless the FA was having the players do weird tackling drills where the players are supposed to spike each other's ankles, then I don't see a case there either. Finally, SWP injuring him was in the normal line of playing the sport, he's not at fault, it's an assumed risk. A hockey player cross-checks a player and breaks his ribs, not assault. A hockey player takes his stick and hits a guy 5 times in the face while the guy is on the ground, assault.

Long story short, Ashton is f*cked.

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