Answer by Neha Sharma, Hillsdale 2036 NSW

• The answer to this question depends on the facts of your individual case. Always seek legal advice specific to your situation.
• The courts have usually held that if the risks associated with an activity are obvious to a reasonable bystander then the claim is likely to fail because the operator may lodge a defence of voluntary assumption of risk. Voluntary assumption of risk means that the plaintiff (in this case you) has accepted that there is an inherent degree of risk associated with the particular activity and has taken that risk upon themselves.
• If the facility operator succeeds with this defence then your claim of negligence will fail and you won't be able to recover any damages.
• Generally when playing indoor cricket a person:
  • understands and accepts the risk of getting hit accidentally by a ball or a bat;
  • appreciates the danger of being injured; and
  • voluntarily accepts the risk of being injured prior to commencing play.
• The situation may be different if the facility operator left equipment lying around and you tripped over it for example.
• Without knowing more it is difficult to say whether you will have a strong claim against the facility operator. You should seek out advice specific to your situation from a local lawyer.