Every year, I assist people who suffer life-altering traumatic brain injuries on roads and at work. For our clients, it’s the tragic result of a car accident or a workplace fall – unpredictable events that disrupt their lives in an instant. However, for some people, it’s the outcome of a deliberate decision to engage in risk, like the viral ‘run it straight’ trend.
This trend typically involves two individuals running directly at each other with force and mimicking rugby-style collisions. Those involved can be inexperienced players and it quite often results in injury – all being glorified online. Unlike someone hurt in a motor vehicle or workplace accident, those choosing to engage in this ‘run it straight’ challenge, do so with knowledge of the risk – however poorly understood or appreciated it might be.
Approximately 70% of traumatic brain injuries arise from motor vehicle accidents[1], with the majority of these injuries affecting individuals aged 16-24 years. In many cases these injuries are not the victim’s fault. In contrast, the ‘run it straight’ trend results in self-imposed head clashes which can cause traumatic brain injuries.
As a mother of a teenager who plays rugby, when a player ‘runs it straight’ during a game, it is done so with training and experience in tackling, and there are guidelines about where and how to tackle. In this viral trend it often lacks proper technique, involves no protective equipment and no supervision or medical oversight.
There is always a risk of being hurt when playing sport. As a participant in the game, when you accept the dangers of a sport, you voluntarily assume the risks associated with that sport. The legal concept “voluntary assumption of risk” simply means that if you choose to take part in a sport, you are also choosing to accept the obvious risks that come with that sport. If you are injured doing something that is a normal part of that sport, you usually cannot claim compensation as the law says you accepted the risk just by choosing to play.
While voluntary assumption of risk might seem relevant to those participating in ‘run it straight’ it doesn’t automatically remove legal responsibility. An exception to the voluntary assumption of risk applies when the injury goes beyond what is reasonably expected as part of the activity. For instance, injuries can occur from unsafe conditions (i.e. sporting grounds), if another player intentionally or recklessly hurts you or the sport/activity was being played in a way that ignored the safety rules.
Sporting associations, clubs, event organisers, venue owners and other players all play a role in making sure the game is safe and rules are followed. Clubs, schools and coaches have a duty of care to ensure activities are safe and age appropriate. Encouraging (or even tolerating) ‘run it straight’ challenges without supervision, training or safety measures could be found a breach of that duty.
Depending on the circumstances, a person taking part in the ‘run it straight’ challenge may also be considered to be engaging in a dangerous recreational activity. A dangerous recreational activity means ‘an activity engaged in for enjoyment, relaxation or leisure that involves a significant degree of risk of physical harm to a person’. When considering a dangerous and recreational activity, the Courts do take into account the injured person’s personal characteristics (age, lack of knowledge, experience) when determining whether or not a risk would have been ‘obvious’ in the circumstances to a reasonable person in their position. This defence can limit or exclude liability even in cases where negligence would otherwise be found, making it a critical consideration in claims involving high-risk sports or thrill-seeking behaviours, such as the ‘run it straight’ challenge.
Engaging in these kinds of high-risk behaviours, even “voluntarily,” can have lasting personal and legal consequences.
Whether the person did not contribute to the actions that caused their traumatic brain injury or their traumatic brain injury arose as a result of participating in the ‘run it straight’ trend, the outcome is the same. Traumatic brain injuries (including concussions) can result in permanent ongoing difficulties including:
- From a physical perspective – headaches, dizziness, balance problems, nausea, vomiting, blurred vision, sensitivity to light and noise, and fatigue.
- Cognitive deficits such as confusion, difficulty concentrating or remembering, feeling mentally foggy, and slurred speech.
- Irritability, anxiety, nervousness, sadness, and emotional lability.
- Ringing in the ears, and loss of smell or taste.
The human cost is immense, whether a traumatic brain injury or concussion is suffered behind the wheel, under a hard hat, or playing a sporting game. Those engaging in the ‘run it straight’ trend or permitting/encouraging this trend, need to understand the risk and long-term implications that can arise. Young people need to be educated, so that they can take responsibility to make better choices, foster safer cultures, and reshape how we talk about toughness.
Traumatic brain injuries do not discriminate – they devastate lives regardless of how they’re sustained. But when they result from preventable trends like ‘run it straight‘ the tragedy is even more bitter.
[1] https://www.bif.org.au/blog/understanding-brain-injuries-in-queensland-causes-effects-and-support
