In a recent decision the Michigan Court of Appeals considered the liability of an arena and an opposing player for an injury in a soccer game. (Click here to view the decision). The plaintiff was injured when an opposing player made a slide tackle and took the plaintiff’s legs out from under her.
The arena had a rule against slide tackles, which the defendant violated, causing the plaintiff’s injury. The Court of Appeals ruled that there was no basis for a lawsuit. A participant in a sporting event accepts the risk of injuries that are inherent in the activity. Violation of a rule of the sport does not by itself create liability.
A player is liable for injuring another player during a game only if the defendant engaged in “reckless misconduct.” The defendant’s conduct must “exceed the normal bounds of conduct associated with the activity,” and “demonstrate a willingness or indifference to the injury” of the other player.
This article was written by Mark S. Demorest, Managing Member of Demorest Law Firm.
