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date: 07 March 2021

Abstract and Keywords

The intersection of American tort law and the sports industry has produced some interesting and distinctive jurisprudence. Tort rules are, at times, applied in peculiar ways to the sports industry (and to recreational sports). Some of these are well known to most law students—for instance, the “baseball rule” which, at least for most of the twentieth century, appeared to immunize stadiums and teams from liability for injuries caused by batted balls. Other applications may be surprising even for those trained in law—for instance, a court’s discussion of whether potato sack racing is a contact sport. This chapter explores the ways in which tort law has been applied to sports cases, and at times, adjusted to suit the distinctive features of injuries connected to sports.

Keywords: torts, negligence, injuries in sports, accidental torts, assumption of risk, recklessness, right of publicity, First Amendment

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