The High Court in Lautoka has ruled against a negligence claim made by Muni Mahendar Reddy on behalf of his deceased son, Muni Shalit Reddy, who tragically drowned during a team outing in Samoa. The incident occurred on January 27, 2015, following the 2015 OFC Under-17 Championship, when Shalit, a member of the Fiji Under-17 soccer team, swam in a natural pool after a sightseeing trip.
In his claim, Mr. Reddy alleged that the Fiji Football Association (FFA) was negligent due to inadequate supervision, a lack of safety inspections, and insufficient safety measures. However, the FFA acknowledged its responsibility for the team’s supervision but contested the claim of negligence, asserting that proper care and safety measures were implemented.
Testimonies from FFA officials outlined precautionary measures taken, such as pre-trip safety briefings and selecting a shallow swimming area. Evidence showed that Shalit had left the designated shallow zone after claiming he needed to urinate, subsequently jumping into deeper water from a rock against prior instructions to stay in the safe area.
Justice Mohamed Mackie ruled that while the FFA had a duty of care, there was no breach of that duty which led to the tragic incident. He stated, “The plaintiff failed to establish, on balance of probability, that the Defendant was negligent,” concluding that the claim for damages could not be substantiated.
This decision sheds light on the complexities surrounding duty of care in sports settings and emphasizes the importance of adhering to safety protocols in high-risk activities. While the outcome is deeply saddening for the Reddy family, it serves as a crucial reminder of the need for vigilance and adherence to safety guidelines during sporting events. Such rulings could foster discussions on improving safety measures within sports organizations, potentially leading to enhanced protections for young athletes in the future.
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