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While smith’s intent (intentionally dirty or not) can never be proven beyond a shadow of a doubt, he was solely responsible for the injury to collett.

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Answer the following prompt in at least 250 words.
There are two parts to answer. Make sure to answer both parts.
Prompt: Do you believe athletes should be able to sue their opponents for dirty plays that result in injury or are dirty plays apart of assumed risk in sport? – Why or why not
Furthermore, should athletes face criminal charges if they intentionally injure or attempt to injure an opposing athlete or does the context of a crime occurring under sport exempt someone from prosecution? – Why or why not
Background
Most sports are inherently dangerous and all participants assume some amount of risk for physical injury when participating. Athletes commonly suffer non-contact injuries like sprained ankles, torn ACLs, shin splints, or dislocated shoulders even when they are practicing alone. However, injuries increase in competitive settings when opposing teams are facing one another. During these competitions, criminal actions also regularly occur but are ignored because they are in the context of sport. For example, you can intentionally tackle someone in football, there is fighting in hockey, and you can throw a ball at someone’s head in baseball.
In the case, Collett v Smith and Middlesbrough Football and Athletics Company, Collett sued a British football club and one of their players for what he perceived to be an intentional dirty play that resulted in permanent injury.
Collett, a rising star playing for Manchester United’s development team, broke his tibia and fibula when Gary Smith made a dangerous slide tackle above the ball. Tackling above the ball, incidental or not, is an immediate red card and grounds for suspension in amateur and professional soccer. A similar equivalent in other sports is throwing up and in (Baseball), leading with the crown of the helmet (Football), or boarding (Hockey). All are considered dirty plays, but occur frequently in amateur and professional settings (Sometimes intentionally, sometimes unintentionally).
While Smith’s intent (intentionally dirty or not) can never be proven beyond a shadow of a doubt, he was solely responsible for the injury to Collett. Collett would end up never playing soccer at the professional level again and sued Smith for lost wages (Now that he could not be a soccer player). Collett won the case and was awarded over $4,000,000 in lost wages.
While this is settled law in the United Kingdom, it is more ambiguous in an American Law setting.
You are an American Judge and this same exact case has occurred within the boundaries of the US.
Below, I have attached a link to the case but also other examples that may serve as examples of varying degrees. For example, all are dirty plays, but it is harder to establish intent in the football and basketball example compared to the soccer, baseball, and hockey.
Is it okay that Ventura threw at Machado because of the “unwritten rules” of baseball?
Did Burficit aim to injure Brown or was he making a play on the ball? Does it matter give that this likely resulted in significant brain trauma for Brown?
Was Kelly Olynyk boxing out Kevin Love or was he trying to intentionally hurt him?
In the example of Saurez and Chiellini, there is less ambiguity as Suarez had a history of intentionally biting opponents and biting is not a part of the game of soccer.

Case and examples –
Collett v Smith and Middlesbrough Football and Athletics Company Judgment – https://www.sportingintelligence.com/wp-content/uploads/2009/12/Ben-Collett-ruling.pdf
MLB – Ventura purposely throws at Manny Machado – https://youtu.be/mjfcFAxoI1c?t=43
NFL – Antonio Brown knocked out by Vontaze Burfict – https://www.youtube.com/watch?v=o8iFSP_S5h8
NHL – Chris Simon Slashes Ryan Hollweg’s Face – https://www.youtube.com/watch?v=RLmon0XoH3I
Soccer – Suarez bites Chiellini in World Cup – https://www.youtube.com/watch?v=1tVdCQaH0vs
Boxing – Mike Tyson Bites Evander Holyfield’s Ear Off – https://www.youtube.com/watch?v=zKPMVex-UKk
Basketball – Kelly Olynyk pulls Kevin Love’s shoulder out of socket – https://www.youtube.com/watch?v=ZZ31539Cg04

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