7 July 2017 – festival in northern Spain

The annual running of the bulls in the city of Pamplona pits several dozen men and women against a dozen bulls. The latter are released into the narrow streets, where they find the bull runners between them and their destination, the municipal bullring. Nobody died on the opening day of the festival this year. Five people were hospitalised, with injuries including the goring of one man in the chest and another in the scrotum. A third man suffered serious head injuries after being lifted and tossed by a bull.

Medics line the streets in a 21st century nod to human welfare as a tradition, of hundreds of years standing, continues to attract thrill-seekers and those with a need (and audience) to prove their mettle. So refined is the medical attention that, it is boasted, a victim of a goring will be stabilised within ten minutes of the incident.

7 July 2017 – festival in south-western England

2,000 people gather at the sports ground of a 176 year old college, where they double as spectators and targets for the twenty-two cricketers. The five and a half ounce missiles, cork encased in dyed white leather, have a long heritage, although not in their current hue. Much more recent is the dual role of those who stand and sit at the perimeter of the field. For decades, cricket fans have simply appreciated the action in front of them. Now they play an active part in the drama.

The day’s first casualty finds a ball narrowing in on him as he sits on a plastic picnic chair one row back from the fence. Two people ahead of him jump out of the ball’s way. He rises from his seat parrying the ball from his chest and is knocked backwards over the back of his chair. He lands heavily on his back and is carried away, strapped to a scoop stretcher.

Minutes later a ball sails over the boundary fence, skips off an awning below which diners are recovering their appetite and smashes into the tray of empties being carried by a waitress. Shards of glass tear at her hand and wrist. The ball is dried from the dregs it landed in and tossed back onto the field.

The spectators are now alert. When the next missile heads their way, it is caught competently by a local club cricketer. His view of the ball was cleared by a large man, from the local rugby club, sidestepping its path and landing heavily on the foot of a lady in sundress and sandals. She is lifted away from the incident, visible swelling suggesting a metatarsal fracture.

New Zealand’s former captain plays a short innings. He applies his famed strength and timing to just one delivery. It travels low, hard and fast through a gap in the field, bounces once inside the boundary, clips the top of the boundary board, which diverts it upwards in a direction unanticipated by those braced for its arrival. It catches its victim below the chin, breaking his jaw an instant before his teeth clamp and sever the tip of his tongue.

A high, long hit claims the afternoon’s last casualty. It soars to the back of the temporary stand, where a beery group rise to greet it, but succeed only in deflecting it onto the forehead of their neighbour who is treated on site, before exiting for concussion tests.

This Cheltenham College bloodbath is, with the exception of the concussion case, a fiction, departing from reality at some point after the ball is described crossing the boundary. It is not a fiction that has required a lot of imagination. One of these five incidents happened. The other four very nearly did.

The injured bull-runners at Pamplona do not attract much sympathy. They have willingly entered into a dangerous activity and suffered painful, but predictable consequences.

We do feel sympathetic for anyone injured watching a cricket match. “Should’ve kept their eye on the ball,” some might quibble, flinching as they remember turning to talk to a friend, or looking down at their newspaper, as the crack of a middled slog-sweep is heard.

But with sixes hit at a rate of one per 25 deliveries in professional T20 games, haven’t we reached the point where the need to evade or gain protection from balls smote over the boundary has itself become predictable? And if a risk is predictable, where does responsibility for its mitigation, or liability for its occurrence lie?

A little internet research reveals opposing views to this question in the UK and USA. In the judicature that covers the city of Cheltenham, case law points to sports clubs having responsibility for taking steps to counter reasonably foreseeable risks to the safety of the public.

Across the Atlantic, courts have sided with sports organisations, concluding that spectators understand and accept the risks of attending baseball or ice hockey matches. To place the liability with the franchise would, it is argued, increase their insurance costs, and push the price of tickets beyond the reach of those sports’ core fans.

Gloucestershire County Cricket Club may envy the legal protection enjoyed by the Philadelphia Phillies and the Pittsburgh Penguins, but they operate under the less forgiving legal code. What then, should the county club be doing to fulfil its duty of care?

I have three proposals which relate primarily to cricket played at occasional or festival venues, such as Cheltenham College. Spectators at purpose built professional grounds are less at risk. The playing areas are larger and the rows of fixed seats facing the middle help to keep spectators’ attention on the action. The ECB, with its plan to move to an eight team T20 league in 2020 may have the ultimate solution. These proposals are for interim precautions.

Pitch location

The pitch at Cheltenham was located off-centre. The distance to the nearer square boundary probably only just exceeded the minimum distance required by ECB playing regulations: 50 metres. That short boundary, opposite the college buildings, is where the majority of spectators were sat or stood. Sixes hit over the longer square boundary were highly unlikely to cause harm as so few people were in the line of fire. I would recommend that pitches at grounds like Cheltenham are central and certainly not closer to the square boundary where most spectators are gathered.

Protect areas where spectators mill

One of the pleasures of festival cricket is the promenading, dining, or standing and chatting in sight of the action. People thus occupied are distracted from the game and so less likely to be able to evade a ball hit towards them. Preserving the traditional pleasures of festival cricket needs to be balanced with the modern artillery of limited overs cricket. Protective netting can allow the two to coexist. Occasional grounds lack stands with roofs or double tiers, which could be used as a frame for protective netting. But a temporary net could be raised between the playing area and the concentrated zones where spectators expect to have sight of the match, if not their eye permanently on the ball.

Pad hard surfaces

The really unnerving moment at Cheltenham was when McCullum’s pull shot ricocheted from the lip of the boundary boards. Its pace and sudden change of direction would have defeated anyone but the sharpest slip-fielder. Grounds should ensure that the fittings erected between the players and the spectators do not exacerbate the threat to spectators. Padding around the top of boundary boards and other hard surfaces would absorb the ball’s momentum.

Unlike Pamplona’s running of the bulls, the running of the (white) balls is unlikely to last into the next decade at grounds such as Cheltenham College. The event’s passing will happen whether or not the safety of spectators from flying balls is given a higher priority. In the meantime, do not turn those spectators into unwitting bull-runners; or the players into bulls. John Simpson of Middlesex launched the six that hit the head of the man at the top of the temporary stand. Simpson held up play and walked towards the boundary, concerned for the injured spectator. He only allowed the game to restart when he saw one of the teams’ medics run across the outfield and climb the steps of the stand. The very next ball, mind perhaps not fully returned to the game, Simpson judged a quick single poorly, and was run out.