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FOOTSCRAY FOOTBALL CLUB LTD v KNEALE

|Emerton P, Beach JA and J Forrest AJA
77 VR 168
FOOTSCRAY FOOTBALL CLUB LTD v KNEALE Court of AppealEmerton P, Beach JA and J Forrest AJA 13 September, 12 December 2024[2024] VSCA 314TortsNegligenceDuty of careScopeFootball clubVolunteerChild spectators regularly attending clubSexual abuse of child by club volunteerWhether football club owed duty of care to child spectator broader than occupier’s liabilityWhether errors in charge to civil juryWhether duty of care could extend to a risk of sexual abuse by a person for whose actions the football club was not vicariously liable.

K sued a football club in negligence seeking damages for psychiatric injury sustained as a result of historical sexual abuse of him committed by a volunteer with the club. K alleged that the club was liable either vicariously or directly. At trial, the judge dismissed the claim based on vicarious liability. On the question of direct liability, the jury returned a verdict finding that there was negligence on the part of the club which was a cause of injury, loss or damage to K. The jury awarded pain and suffering and loss of enjoyment of life damages in the sum of $3,250,000 and economic loss damages in the sum of $2,605,578.

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77 VR 168

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