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By: Keith Dobkowski, NFL News Writer
Marcus Williams, former tight end for the Oakland Raiders, has
brought a lawsuit against Bill Romanowski (“Romo”). Following a
preseason practice, Romo sucker punched Williams in the face
breaking Williams’ left eye socket. While we will not know the
result of the suit for many months, if not years, this law suit, a
first of its kind, brings up many issues.
First, an incredibly quick introduction to tort law is necessary to
understand the Williams’ claim. In order to prove negligence, and
thus assign liability, a plaintiff must satisfy the following stages of
negligence: Duty, Breach, Causation, Damages and no Affirmative
Defenses.
Williams must prove that Romo had a duty of care and breached
that duty of care when Romo hit Williams. Williams must show a
causal link between Romo’s action and the injury suffered.
Williams must have suffered actual damages and here a broken
bone will suffice. Finally, Williams must prove that Romo has no
affirmative defenses.
This case will hinge on the final phase, affirmative defense. In
Sports, there is a standard affirmative defense simply known as
an assumption of risk. Meaning that one assumes the risk that
an injury will occur during sports competition. While it is easy to
jump to the conclusion that punching is not a part of football that
is far from the truth.
Every preseason there are fights that break out between a team’
s offensive and defensive players. For instance, Jim Fassel, head
coach of the New York Giants, has created a fighting ring for such
altercations. Players must remove their helmets and other
specified gear and are allowed to fight within the ring until the
fight naturally ends.
According to the reported facts, Williams and Romo got into a
fight during practice. They were split apart and practice
continued. As practice finished a few minutes later, Romo
approached Williams from behind and as Williams turned, Romo
punched Williams in the face. The injury caused massive swelling
to Williams’ eye. Williams has since been placed on injured
reserve and is out for the season. The Raiders later cut Williams
and Williams is now awaiting an injury settlement with the team.
The questions to be answered are whether the punch was a
separate incident than the earlier fight and more importantly to
this writer and sports in general, was Romo’s action the result of
steroid induced rage.
Sports talk radio and television has been littered with comments
regarding the Williams’ suit and Romo’s alleged steroid use.
Specifically, Brian Bosworth, former NFL player and admitted
steroid user, on the Best Damn Sports’ Show Period stated that
Romo is a steroid user and his actions were the result of “Roid
Rage.”
The known use of steroids would drastically change the situation
at hand. Steroids are illegal and therefore using them would be
cheating. Williams assumed the risk that a fight might break out.
Williams also assumed the risk that an injury would occur while
playing football. But did Williams assume that a player would
cheat by ingesting illegal drugs that have the effect of creating
rage. No. If this is a “Roid Rage” case, Williams has every right
to sue and to win. Williams agreed to assume the natural
dangers associated with football and “Roid Rage” is not natural.
Two other cheating situations immediately come to mind involving
Terrell Owens and Sammy Sosa. Luckily, no one was injured in
either situation, but the ‘what if’ question lingers.
Last year, Terrell Owens scored the winning touchdown against
the Seattle Seahawks. Owens then reached into his sock,
removed a sharpie pen and signed the football. The what if that
lingers is, what if Owens had been tackled and the pen stabbed
the tackling player causing injury. Owens had illegally brought an
item onto the football field and that very item led to the injury of
another player. The other player had no knowledge of Owens
cheating and therefore could not assume the risk of possible
injury related to a pen. Owens should be held civilly liable for this
action.
During the most recent baseball season, Sammy Sosa was
caught using a corked bat. Using a corked bat is illegal in
baseball. Sosa was subsequently suspended for 7 games due to
his cheating. The what if that lingers is, what if the shattered bat
had struck another player causing injury. A corked bat is not as
strong as standard bat and is more likely to shatter. Sosa, being
the only person on the field of play who knew of this danger,
placed the other players at risk of injury, an injury those other
players had not assumed. Had Sosa injured another player while
cheating, Sosa should be held civilly liable.
A rule on cheating and liability is necessary in sports. Athletes
assume that the other athletes on the field are abiding by the
rules thus limiting the dangers that an athlete normally faces.
And without rules, sports are nothing more than chaos with a ball.
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