The Contact Sports Rule in Illinois Sports Injury Litigation

Sports provide an exciting and healthy way for individuals to engage in competition, build skills, and enjoy physical activity. However, injuries are a common occurrence in sports, especially in contact sports like football, hockey, and wrestling. In Illinois, the “contact sports rule” plays a crucial role in determining liability in sports injury cases, particularly when it comes to negligence claims. This rule impacts the legal landscape of sports injury litigation and can significantly affect the outcome of such cases.

What is the Contact Sports Rule?

The contact sports rule is a legal doctrine that shields participants in certain sports from liability for injuries caused during the normal course of play. Specifically, the rule holds that participants in contact sports cannot be held liable for injuries they cause to other players unless their conduct was reckless or intentionally harmful. This means that players are generally not liable for injuries caused by actions that are part of the game’s inherent risks, such as tackling in football or body-checking in hockey.

The doctrine is designed to protect the integrity of competitive sports, acknowledging that certain risks, including the possibility of injury, are inherent in physical competition. If every injury could lead to a lawsuit, it would discourage participation in sports and change the nature of the games. The contact sports rule recognizes that players willingly accept the risks associated with participation.

How Does the Contact Sports Rule Work in Illinois?

In Illinois, the contact sports rule is well-established and has been applied in numerous cases. The Illinois Supreme Court officially adopted the contact sports rule in Karas v. Strevell, 227 Ill. 2d 440 (2008). In that case, the court found that an ice hockey player could not be held liable for injuries sustained by another player during a body check because the act was considered part of the game.

Under the contact sports rule in Illinois, a player who injures another player during the course of a game cannot be held liable for the injury unless the plaintiff can prove that the defendant acted with reckless disregard or intent to cause harm. Ordinary negligence, such as poor judgment or lack of skill, is generally not enough to hold someone liable under this rule. The rule applies to both professional and amateur athletes, including those participating in school sports, recreational leagues, and pick-up games.

As explained by attorneys Jason P. Schneider and John J. Malm in their article, “Recklessness in Illinois Sports Injury Cases: The Contact Sports Exception,” published in the Summer 2017 issue of the Illinois Trial Lawyers Association‘s Trial Journal, the contact sports rule reflects the importance of distinguishing between actions that are inherent risks of the game and those that go beyond acceptable conduct. According to Schneider and Malm, Illinois courts continue to refine the boundaries of the rule, ensuring that reckless or malicious behavior on the field can still lead to liability, even while protecting the general integrity of sports. (Illinois Trial Lawyers Association, Trial Journal, Summer 2017).

Recklessness vs. Negligence

A key distinction in applying the contact sports rule is the difference between recklessness and negligence. While negligence involves failing to exercise reasonable care, recklessness goes beyond that, requiring a conscious disregard for the safety of others. To succeed in a sports injury lawsuit under the contact sports rule, the injured party must prove that the defendant acted with reckless disregard for the safety of others.

For example, if a football player tackles another player as part of a normal play, even if the tackle leads to an injury, it is unlikely that the injured player would have grounds for a lawsuit under the contact sports rule. However, if a player intentionally blindsides an opponent after the whistle has blown, or aggressively targets a defenseless player in violation of the rules, the injured player may be able to argue that the defendant acted recklessly, thus opening the door for legal liability.

“Even in contact sports, where certain risks are known and expected, liability can arise when the actions of a player, coach, or organization go beyond the accepted rules of the game. Reckless or intentional conduct that causes injury may still lead to legal responsibility, despite the inherent risks of the sport.” – John Malm, Exceptions to the Contact Sports Rule

While the contact sports rule protects players from liability in most cases, there are important exceptions. In addition to reckless or intentional conduct, the rule may not apply in certain circumstances, such as:

1. Coaches and Supervisors: While players are generally shielded from liability, coaches and supervisors can sometimes be held liable for injuries if they fail to provide proper safety equipment, fail to supervise adequately, or encourage reckless behavior. For example, if a coach instructs players to engage in dangerous or illegal tactics, they could be held responsible for resulting injuries.
2. Non-Contact Sports: The contact sports rule specifically applies to sports where physical contact is a fundamental part of the game. In non-contact sports like tennis or track, the rule may not apply in the same way, and liability may be based on ordinary negligence.
3. Defective Equipment: If an injury occurs due to defective equipment, such as faulty helmets or improperly maintained playing surfaces, the manufacturer or owner of the venue may be liable for damages, regardless of the contact sports rule.

Legal Considerations for Injured Athletes

Athletes who are injured while participating in contact sports should understand the complexities of the contact sports rule before pursuing legal action. It is important to consult with an experienced personal injury attorney who understands sports injury litigation and the nuances of this doctrine in Illinois. At John J. Malm & Associates, we have years of experience handling sports injury cases and can provide guidance on whether a case may, nonetheless, be actionable considering the legal immunity that ordinarily applies under the contact sports rule.

We work closely with experts in sports safety, medical professionals, and accident reconstruction specialists to investigate claims and determine whether reckless or intentional conduct was involved. If your injury was caused by reckless conduct or actions that went well beyond the normal risks of the game, you may have a claim for compensation.

Contact the Illinois Sports Injury Attorneys at John J. Malm & Associates

The contact sports rule in Illinois plays a crucial role in determining liability in sports injury cases. While athletes assume certain risks when they step onto the field, this rule limits the scope of legal claims by protecting players from ordinary negligence. However, when recklessness or intentional harm is involved, injured athletes still have the right to seek compensation. If you’ve been injured in a sports-related incident and believe your case involves reckless conduct, contact the Naperville sports injury lawyers at John J. Malm & Associates to discuss your options.