Unnecessary Roughness: When On-Field Conduct Leads to Civil Liability in Professional Sports

Abstract

(8 Willamette Sport L.J., no. 1, 2010, at 1). This paper analyzes when on-field conduct by athletes should give rise to civil liability. The paper discusses standards currently used to determine when on-field conduct is outside the scope of the game and thus actionable. It then examines commissioner and league rules in the four major sports that attempt to regulate unnecessarily violent activity. Next, the article analyzes cases and traces the history of civil liability in this context, and considers the assumption of risk defense. The author suggests a new, more effective standard.