Consent Exceeded

A recent case involving pro football star Bill Romanowski illustrates the limits of “consent” as a defense in a personal injury case in the context of professional sports. In sporting events, whether professional or amateur, players are generally deemed by law to have consented to injuries foreseeably suffered on the playing field. You can’t sue the opposing lineman if he tackles you and breaks your leg during a game, provided, of course, that the injury occurs in the context of normal play.

Bill Romanowski’s problem arose when he punched a teammate outside the context of the game, fracturing his skull and eye socket. The teammate sued, and the case is coming up for trial shortly. This is a straightforward case of assault and battery, and the defense of consent should not come into play. In addition to the risk of a substantial monetary award against him, Romanowski may be looking at anger management therapy.

— BBC&B

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