Case Brief: Hackbart v. Cincinnati Bengals, Inc. and the Issue of Tort Liability

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Citation:

Hackbart v. Cincinnati Bengals, Inc., 601 F.2d 516 (10th Cir. 1979)

Facts:

In the midst of a professional football game, plaintiff Dale Hackbart and defendant, Charles Clark, were on opposing teams. During one of the plays, Hackbart fell to one knee in front of Clark. In retaliation, Clark intentionally struck a blow to the back of Hackbart’s head with enough force to knock both of the players to the ground. However, a foul was not called during the game, nor was the incident reported by either of the players. Some time after the game, Hackbart decided to seek medical treatment, and it was discovered that he had sustained a serious neck fracture injury.

Procedural History:

The plaintiff sues defendant, Cincinnati Bengals, for damages caused by the actions of Charles Clark. Originally, the trial court determined in favor of the defendant. However, the judgment was reversed and remanded by the appellate court for a new trial.

Issue:

Is the plaintiff entitled to any remedy of law for injuries sustained during the inherently violent game of professional football?

Rule:

Yes. Recovery from damages inflicted in a dangerous sport are possible.

Analysis:

Upon further research, it is understood that common rules exist within the sport of football itself, including the prohibition of reckless behavior with the intent of causing harm to another player. These rules demonstrate that players are aware of certain boundaries and conduct. Though there is scope of consent to violence and risk of injury, this does not negate malicious conduct that is beyond the expected risk of the sport. Thus, there exists a right for a player to legally recover from injuries sustained.

Conclusion:

The appellate court reversed the trial court’s decision and remanded the case for a new trial in accordance with the foregoing evidence.


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