‘Ought to have known’: Ex-player sues local footy club, blames them for concussions

A Victorian man is suing Barwon Heads Football Club for damages claiming he suffered multiple concussions while playing with their senior men’s team for a short time.

A local Victorian footy club is being sued by a former player who claims he suffered multiple concussions while playing for the club, adding they “ought to have known” the long-term consequences of his injuries.

James Agius, 29, is suing Barwon Heads Football and Netball Club for damages following his short stint with their senior men’s team during the 2022 season.

Mr Agius is represented by well-known firm Margalit Injury Lawyers who have also launched a landmark concussion class action suit against the AFL in the Supreme Court of Victoria.

Court documents filed before the Supreme Court in March this year allege Mr Agius sustained concussions during training and in games when he played for the Barwon Heads Football and Netball Club.

Mr Agius was paid by the club to play in the senior men’s division as the side hoped to defend their title during the 2022 season.

A local Victorian footy club is being sued by a former player who claims he suffered multiple concussions while playing for the club. Picture: Getty Images

Included in particulars before court, Margalit Injury Lawyers claim that as the state of medical knowledge has developed, the club “knew or ought to have known of the potential long-term consequences of concussion” for Mr Agius.

They go on to claim it was “reasonably foreseeable” for the Barwon Heads Football and Netball Club that Mr Agius was vulnerable to concussion and head strikes while playing footy, adding the club owed him a duty of care to avoid exposing him to any unnecessary risk of harm.

They have claimed injury, loss and damage as a result of this alleged negligence.

Margalit Injury Lawyers put Victorian community football clubs on notice in August last year by filing civil suits against the Glenroy Football Club and Lalor Football Club on behalf of two players who were left with life-altering injuries.

James Agius has filed a civil suit against the Barwon Heads Football and Netball Club alleging he susatined concussions during training and games. Picture: Facebook

At the time lawyer Ellie Savion said while the AFL and their athletes had been in the spotlight, semi-professional players were also suffering in silence.

“I’m aware of many, many players who are now suffering from permanent symptoms of concussion after playing in local sport,” Ms Savion said.

While a representative of the Barwon Heads Football and Netball Club told the Sunday Herald Sun they were unable to comment on the matter while it was before court, a source close to the club said they feared the legal action would open a “can of worms” for local footy clubs.

It is understood Mr Agius played just two games – in the first two rounds – during the AFL Barwon Football Netball League back in 2022.

Prior to his time at Barwon Heads Football and Netball Club, the 29-year-old had played over 70 games with Old Xaverians – where he earned 26 best player nods – before moving over to the Bellarine Football League.

Mr Agius was seen as a bullish addition for the Seagulls, who would eventually go on to claim the premiership that season.

The Bellarine Football League, like all community footy leagues around the country, adopts the same guidelines outlined in the Management of Sport-Related Concussion in Australian Football.

Included in their guidelines, players believed to have suffered a concussion are required to take 24 to 48 hours rest, a further period of recovery and seek a medically cleared loading program, all before a player is given unrestricted return to play.

Multiple attempts were made to contact Mr Agius and Margalit Injury Lawyers for comment.