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violent in nature and there are sanctions available during the course of the game in the form of penalties and expulsion from the game to address rule violations. •Hackbart appealed the decision of the trial court to the United States Court of Appeals for the Tenth Circuit.FACTS
Hackbart v. Cincinnati Bengals, Inc.ANALYSISPlaintiff was injured by one of Defendant’s players in a professional football game. Defendant’s player intentionally struck Plaintiff, but was not found to have intended to injure him. Neither of the two complained to officials at the time of the injury, but Plaintiff later sued to collect for his personal injuries. The trial court took judicial notice of the violent nature of professional football and found that the only remedies available to Plaintiff would be those administered within the game.
Hackbart v. Cincinnati Bengals, Inc.Issues:If a player consents to participate in an event where violence is usual, does the player also consent to whatever actions may be committed against him in the event?Holding/Rule:Just because a player consents to participate in an event where violence is usual does not mean that the individual consents to whatever acts are committed against him in the event.ANALYSIS
Hackbart v. Cincinnati Bengals, Inc.Reasoning:Football has rules which prohibit the type of actions exhibited by Dale Hackbart (plaintiff), The rules are there so that one player cannot intentionally inflict serious injury to another. The player is entitled to