The Supreme Court of Utah took a novel approach to “exceptions to liability arising out of sports injuries” when it affirmed a lower court’s decision to dismiss the claim of an injured basketball player who sued another basketball player whose actions led to his injury.
In essence, the high court adopted its own version of the contact sports exception, which is used in many other jurisdictions. It’s version “does not turn on the defendant’s state of mind, or … limited to just contact sports.”
Instead, it established “a simpler framework” that hinges on the inherent nature of the sport and applies to all sports, even tennis, which the court cited as an example.
The incident leading to the lawsuit occurred in a basketball game when the plaintiff …
(This rest of this case summary as well as four others, nine articles and three briefs appear in the latest Sports Litigation Alert. The Table of contents can be seen below.)
Table of Contents
- Utah’s Highest Court Creates Its Own Version of a Contact Sports Exception
- Plaintiff Who Fell Down Stairs After Stepping on Gum Loses Appeal
- Lutz v. Rakuten, Inc. Touches on the Global Nature of Sports and the Contract Disputes That Can Arise Between American Players and Japanese Teams
- Case Examines Question of What Is a Buffer Zone Is?
- Judge Dismissed Disability Discrimination Claims of Student-Athlete Seeking Extra Year of Eligibility
- Behind the Lines: Recent Changes to D1 Athletics Programs’ Reporting Structures
- The NCAA Should Be Responsible for the Cost of a Division I Men’s Basketball Scholarship
- Carroll College Golf Coach Claims Title IX Retaliation
- Sports Venues and the Americans with Disabilities Act
- The Science of CTE: Have We Rejected the Null Hypothesis?
- MLB Ballparks Will Soon be Safer for Fans
- Takeaways From the Onyshko Jury Verdict: Win for NCAA, Loss for Plaintiffs, Draw for All Other Defendants in Future Head Injury Cases
- Former AD Abused by Priest Reaches Settlement With Fresno State Over Firing
- Study Finds No Correlation Between Brain Function and Head Impacts After Two Seasons of Youth Tackle Football
- Report: Arkansas Attorney Becomes Investigator for NCAA Complex Case Unit
- St. John’s University Sports Law Professor Robert J. Romano Receives Best Paper Award
- Dayton Sports Law Professor Corinne Daprano Promoted to Interim Dean
Sports Litigation Alert is proud to offer an Expert Witness Directory at our website. SLA subscribers are entitled to be listed in that directory, please email your details to us and we will include you in the listing. Here is this issue’s featured expert:
Peter A. Carfagna
Expertise: Sports Law, Sports Marketing, Sports Investments, Team and League Operations, Licensing and Sponsorship Agreements, Sports-Related Premises Liability, Intellectual Property, Risk Management, Corporate Formation
Magis, LLC (Founder), Former Chief Legal Officer of IMG Group of Companies (1994-2005), Harvard Law School (Covington Burling Distinguished Visitor/Visiting Lecturer in Sports Law since 2006), Great Lakes Sports and Entertainment Law Academy — joint program between Cleveland-Marshall College of Law and Case Western Reserve School of Law (Co-Director since 2012)