The family of Keith Titmuss, who died in November 2020 after collapsing during pre-season training, are suing the Manly-Warringah Sea Eagles for damages owing from negligence in his death, including failing to implement the NRL heat policy.
However, in a defence filed in the NSW Supreme Court, the club has claimed it was not responsible for the death of the young man because he did not inform coaching and medical staff of his worsened physical state through the off-season.
"NRL training is inherently dangerous," the club wrote in its defence.
"Any injury, loss and damage suffered by (Titmuss' family) ... was caused or contributed to by the deceased's own negligence."
Manly-Warringah alleges Titmuss failed to properly train or diet during the off-season and put himself in danger by not stopping training when he felt sick.
"Players were instructed ... if they were feeling ill or feeling like they were not coping with the physical demands, they were to inform coaching staff," the club said.
However, the club also filed in its defence it conducted a fitness test on the 20-year-old four days before he died and found "no red flags".
The session at the Sydney Academy of Sport at Narrabeen involved outdoor sprint tests before moving inside for an intense cardio session.
A 100-passes drill and a cardio circuit involving up-downs/burpees, bear crawls and "fireman carries" were conducted inside the facility's dojo, the parties agree.
The temperature was about 21C during the session but the humidity was 92 per cent, court documents state.
Manly-Warringah admits the dojo was not fitted with air-conditioning but says there were multiple floor-standing fans, the back doors were open and hydration breaks were enforced.
The player's family alleges the fans were not switched on during the session.
There were 10 staff to monitor the 15 players inside, the club said.
A 2024 coronial inquest into his death concluded the budding NRL player died of exertion heat stroke, with a pre-existing heart condition unlikely to have played a part.
The workout at the club's Narrabeen gym, which followed an outdoor session, was "more likely than not inappropriate", the coroner found.
Evidence at the inquest was that paramedics at the scene noted Titmuss' temperature at 41.9C, while his heart rate was more than 140 beats per minute.
The precautions instituted by Manly-Warringah were not sufficient to meet its own heat policy guidelines, meaning the club is liable for the young man's death, Titmuss's family claims.
"(Manly-Warringah) owed a duty of care to the deceased as an employee and ... breached the duty of care owed," the statement of claim says.
Titmuss's family alleges the player started to struggle physically after an outdoor sprint test three days prior, which the club denies.
The club instituted a heat policy after former prop Lloyd Perrett said he was planning to sue the club over a training session in late 2017, which left him hospitalised with heat stroke after suffering a seizure.
Manly-Warringah and the NRL was contacted for comment.
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