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Originally Posted by Paul L
I haven't researched this in several years, but in California, the leading case on this issue was (and presumedly still is) as follows:
During a Super Bowl halftime informal touch football game including women and men, defendant ran into plaintiff from behind, knocked her down, and stepped on her hand. Defendant continued running until he tagged a ball-carrier hard enough to sprain her ankle. On the preceding play, plaintiff had complained about defendant’s excessively rough play. After several surgeries, Plaintiff's finger was amputated.
California Supreme Court said: ‘A participant in an active sport breaches a legal duty of care to other participants-i.e., engages in conduct that properly may subject him or her to financial liability-only if the participant intentionally injures another player or engages in conduct that is so reckless as to be totally outside the range of the ordinary activity involved in the sport. Defendant was, at most, careless or negligent in knocking over plaintiff, stepping on her hand, and injuring her finger. The conduct is not even closely comparable to the kind of conduct-conduct so reckless as to be totally outside the range of the ordinary activity involved in the sport-that is a prerequisite to the imposition of legal liability upon a participant in such a sport. Defendant was, at most, careless or negligent in knocking over plaintiff, stepping on her hand, and injuring her finger. Accordingly, this case falls within the primary assumption of risk doctrine, and thus the trial court properly granted summary judgment in favor of defendant.’
Knight v. Jewett (1992) 3 Cal.4th 296
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For those of you who think common sense may actually rule over law, remember that just because some court in Cali says it's this way doesn't make it so everywhere else. For instance, there was an interesting ruling just a couple years ago from the US Ninth Circuit Court concerning the Pledge of Allegiance. That is one of many from courts both state and federal in Cali that have not made their way east of the Colorado Riverborder with Nevada (i.e. the real United States).
Meanwhile, this ******* should be strung up...or have a certain troll umpire his games -- but that would probably fall under cruel and unusual punishment.
Live from the Gulag of Washington State,