Day on Torts
What does tort law tell us about liability for injuries arising during sporting events and, in particular, contact sports? The recent case of Feld v. Borkowski gives us the answer, at least from the standpoint of the Iowa Supreme Court.
Plaintiff and defendant were playing intramural softball . Defendant hit the ball and let go of the bat at the same time. The bat flew through the area, striking and injuring plaintiff (who was playing first base). Plaintiff filed a negligence suit, and defendant sought dismissal of the suit arguing that softball was a contact sport and thus he could only be sued if his conduct was reckless.
The Iowa Supreme Court agreed, saying that