• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Hello, I have a question

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

I

iblaise

Guest
I have a question about an issue and I'm not sure what to do about it.

I was playing basketball last week, and I play as hard as I can, which sometimes means I foul people. That's a part of the game. While I was playing me and another guy went after the ball that was on the ground, and after several seconds of scrapping for it, he hauled off and hit me in the face. I did nothing about it, and played on. As the game progressed, this guy got more and more aggressive with me, trying to knock me down on several occasions. Finally, we both went after the ball again and the same thing happened: he hit me in the face. I walked off; completely enraged, but did nothing. The question is, even though I haven't demonstrated personal injury, I'm still angry and I want to know if I can press charges or sue for emotional damages. I've tried to forget about it, but can't help feeling this bully shouldn't get away with what he did. Please feel free to offer advice.

Thanks
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by iblaise:
I have a question about an issue and I'm not sure what to do about it.

I was playing basketball last week, and I play as hard as I can, which sometimes means I foul people. That's a part of the game. While I was playing me and another guy went after the ball that was on the ground, and after several seconds of scrapping for it, he hauled off and hit me in the face. I did nothing about it, and played on. As the game progressed, this guy got more and more aggressive with me, trying to knock me down on several occasions. Finally, we both went after the ball again and the same thing happened: he hit me in the face. I walked off; completely enraged, but did nothing. The question is, even though I haven't demonstrated personal injury, I'm still angry and I want to know if I can press charges or sue for emotional damages. I've tried to forget about it, but can't help feeling this bully shouldn't get away with what he did. Please feel free to offer advice.

Thanks
<HR></BLOCKQUOTE>

My response:

I don't know the law in Florida on this issue, but in California, this exact issue was settled in the case of "Knight vs. Jewitt" some years back. Basically the "Knight" court reasoned that sports events have certain "inherent" risks in the game itself. Some sports are "contact" (e.g., football) while others are non-contact (e.g., tennis). Some sports, like basketball, are not meant to be "contact" sports (i.e., they are not known to be played in a "contact" manner). But, we all know that a certain amount of "contact" is made during play. That is, in part, what the "Knight" court was talking about - - that in agreeing to play, you, as a player, accept the "risk" of playing. If you didn't accept the risk, a "chilling effect" would occur in sports events and put a stop to all play, either intramural, or in school sporting events. The "Knight" court declared that the overall ability to play sports, nearly unfettered, was more important than the claims of an individual player's injuries. That's logical. However, the "Knight" court went further, and
stated that when a school, a coach, or another player "heightens" the risk that would otherwise not be present, is not to be tolerated, and that assault and battery civil actions can be made against another person who causes injury by "escalating" the probability of injury. That's logical.

In you case, we have the latter situation where the other player "heightened" the risk of injury. And, that's an important word, "injury." In any claim for damages, there must be an injury resulting in damages. You've heard the old phrase, "No injury, No foul"? The same is true in a court of law. Even if you were to be able to prove, by witness testimony, that the other person "heightened" the risk, and that you should prevail due to his assault and battery, your claim would fail due to your inability to show "damages." However, and there's always one of those, if you can show at least $1.00 (One Dollar) in actual damages, you can sue and win big money for "Punitive Damages." But then, how much is the other player "worth"?

I would definately talk to an attorney about this, and to see if Florida has something comparable to the "Knight" case, and see if you can get others to testify for you. I hope that you, at least, went to see a doctor before you pronounced yourself "injury free."

Good luck to you.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
I

iblaise

Guest
Thanks I AM ALWAYS LIABLE. I appreciate your advice.

incidentally, I am currently in California on business when this occurred.

Isaac
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top