I recently read Christopher Beam’s article “Sports and Torts” at Slate.com. Beam discusses some examples of player-on-player violence outside the rules of the game, and when the line might be crossed into potential civil – or even criminal – liability.

Beam begins with the intuitive-to-fans observation that players are normally protected from legal liability for injuries caused due to violence that is inherent to whatever game is being played – tackles in football, being hit by a batted ball in baseball, etc.

We then move to a gray area of intentional acts that are against the rules of the game, but are an expected and accepted part of the game: a batter being “beaned” by a pitch (though intent is rarely admitted, it is often assumed), hockey players throwing off their gloves and duking it out on the ice, fisticuffs in any team sport, etc.

The gray area darkens when leagues begins to fine and suspend players for especially violent acts. The ever-growing list of deemed-too-dangerous hits in NFL football comes to mind. Can a player who is injured – or whose career is ended – by such a hit sue the offending player for damages? To what extent does the victim assume the risk? The defense would argue that the illegal technique was so pervasive in the league that the league had made a special rule against it, levying special fines and suspension penalties – but any player who stepped on the field should know that it – the illegal hit – might happen to them.

Lots of punches are thrown in hockey, football, basketball and baseball, but there’s clearly a difference between two-to-tango brawls and what I’d call “ambushes” which are both more dangerous and lower on the moral spectrum. In my opinion these are clearly tort-worthy when injuries are suffered.

Beam addresses the NASCAR issue, where tit-for-tat bumps result in huge risks to driver (and potentially crowd) safety. This was purportedly in retaliation for this. To which I say these guys need to settle it the hockey way.

Court cases are rare, and highly dependant on circumstances. Fact is there is not a lot of guidance out there to navigate the gray areas. That’s a little surprising that in our hyper-litigious society.

B