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53 Ins. Counsel J. 264 (1986)
Violence in the Stands: When Fans and Players Meet

handle is hein.journals/defcon53 and id is 266 raw text is: Page 264 TABLE OF CONTENTS Introduction 264 I. The Problem 265 A. The Nature of Sports 265 B. Theories for Spectator Violence 265 1. Social Values 266 2. Identiflcation 66 3. Aggressive Reactions 966 C. Should This Be An Area Where Tort Principles Apply 967 II. Should Players Be Liable 268 A. 2attery 689 B. Relesness 26 Ill. Should Owners and Managers Be Uable --------.V0 A. Vicarious Uablilty for Intentional Torts 270 B. Direct Liability for Failure to Centrol Players 272 IV. Alternative Solutions 274 A. Are Internal Controls Sufficient 274 B. Management Initiatives 974 V. The Future 275 INTRODUCTION The problem . . . is not with competition per se but with the violence that excessive competition arouses. This should be the grave concern of everyone connected with sport. It is getting out of hand in all nations, and a halt must be called.1 In recent years, the incidence of violence on the professional sports field has been in- creasing. The two most notably violent sports - football2 and hockey3 - have been plagued by repeated brawls between players.4 Frustrated with inadequate reme- dies of an internal control system, players have begun to take their grievances to court.5 The phenomenon of combat among participants may be easily explained by an ethic among coaches embodied in the rules of play, that violent tactics are the key to 1J. MIcHENER, SPoRTs IN AMERiCA 427 (1976). 2See, e.g., Furlong, Football Violence, N.Y. Times, Nov. 30, 1980, § 6 (Magazine), at 38. aSee, e.g., Anderson, A Player's Right Not to Fight, N.Y. Times, Feb. 2, 1982, at D23. 4For example, on May 8, 1982, the New York Islanders and the Vancouver Canucks opened the Stanley Cup finals with a genuine bull-and-bear rumble. Vecsey, Seamy Side of Hockey, N.Y. Times, May 10, 1982, at C3. ISee, e.g., Hackbart v. Cincinnati Bengals, Inc., 601 F2d 516 (10th Cir 1979); Note, Torts in Sports - I'll See You in Court!f, 16 AxRON L. REv. 537 (198). JANE A. SAZDvEs received her A.B. from Cornell University, in 1981, and her J.D. from Case Western Reserve Univer- sity, School of Law, in 1985. She is an associate with the law firm of Moses & Singer, New York, New York. Her article won honorable mention in the 1985 Legal Writing Contest. success in a violent game.6 For example, Don Cherry, coach of the Boston Bruins hockey team, emphasizes, It has always been my philosophy to win at all costs.7 And Vince Lombardi, long time coach of the Green Bay Packers football team, prose- lytized: To play this game you must have fire in you . . . and there is nothing that stokes fire like hate.6 The more perplexing problem, however, is attempting to explain why the violence spills over from the field and into the stands. Even if that question can be -ade- quately resolved, the difficult issue becomes whether the injured spectator can then seek redress in the judicial system. This paper proposes that although under certain cir- cumstances the spectator plaintiff may have a cause of action against the players, coaches, and owners, alternative remedies must be explored. The nature of sports and the various theories which have been proposed for spectator violence will be discussed first. Next, principles and policy considerations which justify allowing a new cause of action in this area will be addressed. The second section will apply traditional legal standards to test the direct liability of players and owners to spectators. In addi- tion, whether the vicarious liability of eSee R. YEACER, SEASONS OF SHAME: THE NEw VIOLENcE IN SpoRTS 52 (1979). 7Id. 81d. INSURANCE COUNSEL JOURNAL - April, 1986 VIOLENCE IN THE STANDS: WHEN FANS AND PLAYERS MEET JANE ANN SANDmsS Freeport, New York

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