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ARTICLE · 04 MAY 2018

Sports Torts And Courts

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Who has not been injured in a recreational, athletic activity?

United StatesLitigation, Mediation & Arbitration
William R. O'Bryan, Jr.
William R. O'Bryan, Jr.
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Who has not been injured in a recreational, athletic activity? Who has not accidentally injured someone else in the course of play? We all have ... an errant softball throw, a shanked iron, a bouncing horseshoe. We enjoy the sport, so we risk the injury and sometimes we hurt others.

But, when am I civilly liable for the "negligent" injuries caused to others?

The Tennessee Court of Appeals, in Crisp v. Nelms, Case No. E2017-01044-COA-R3-CV, decided March 28, 2018, dealt with the issues of civil liability in a wrongful death case arising out of a bicycling accident. Decedent was riding in a paceline when Defendant, who was in lead, allegedly and negligently slowed causing a serious accident. Prior to his death, Decedent, rendered quadriplegic by the wreck, dictated a note to Defendant, absolving him of all fault for the accident.

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