Thompson v. McNeill

Ohio Supreme Court
53 Ohio St. 3d 102, 1990 Ohio LEXIS 341, 559 N.E.2d 705 (1990)
ELI5:

Rule of Law:

A participant in a sporting event can be held liable for injuring another participant only if their conduct is intentional or reckless, not merely negligent.


Facts:

  • Daniel McNeill and David Thompson were playing golf together in a foursome.
  • McNeill hit a shot into a water hazard.
  • As permitted by the rules of golf, McNeill took his next shot from the fairway.
  • McNeill 'shanked' the shot, causing the ball to fly off at a sharp right angle from its intended path.
  • The ball struck Thompson, who was standing off to McNeill's right and not in the intended line of flight.
  • The ball traveled so rapidly that McNeill had no time to shout the customary warning of 'fore.'

Procedural Posture:

  • David Thompson sued Daniel McNeill in an Ohio trial court, alleging negligence.
  • The trial court granted summary judgment in favor of the defendant, McNeill.
  • Thompson, as appellant, appealed to the Ohio court of appeals.
  • The court of appeals reversed the trial court's judgment, finding that a negligence standard could apply.
  • McNeill, as appellant, then appealed to the Supreme Court of Ohio.

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Issue:

Does a participant in a sporting event owe a duty to co-participants to refrain from conduct that is merely negligent?


Opinions:

Majority - Wright, J.

No. Participants in a sporting event are not liable for injuries caused by merely negligent conduct, but only for conduct that is intentional or reckless. The ordinary negligence standard is insufficient for sports because the risk of inadvertent harm is an inherent and accepted part of athletic competition. Imposing liability for negligence would stifle competition and fundamentally alter the nature of sports, where actions that would be negligent on a city street are foreseeable and customary. Instead, liability attaches only when a participant's conduct falls outside the range of ordinary activity involved in the sport, rising to the level of intentional misconduct or reckless disregard for the safety of others. Recklessness in this context is determined by considering the rules and customs of the specific sport, as participants consent to the foreseeable risks and contacts permitted by those rules.



Analysis:

This decision establishes a special standard of care for participants in sporting events in Ohio, moving away from the traditional negligence standard. By adopting a recklessness/intentional conduct standard, the court shields participants from liability for ordinary, foreseeable mistakes inherent in a sport, such as a mishit golf ball. This precedent protects athletic competition by ensuring that players are not held liable for conduct that is a customary part of the game. Future cases involving sports-related injuries will now be analyzed based on whether the conduct causing the injury was outside the accepted rules and customs of the specific sport, rather than simply whether it was 'unreasonable' in a general sense.

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