Metta World Peace Elbow to James Harden

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Dec 29, 2008
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Stillwater
#61
No I get what your saying. However the type of injury associated with basketball is contact between two players in the act of a play. A flagarant foul is something different.

If you're driving your car down the road and some guy driving along side of you gets excited about something and swerves across the line into your car causing damage to your car and you sustain an injury. What are the consequences of that action for the driver who hit your car?
That analogy doesn't hold up for several reasons the least of which is the pedestrian never gave consent to be allowed to be hit by a car. Players in the NBA do give consent to be injured during a game if the injuries sustained occur as a result of the natural course of the game. And even if they're not they are still handled internally most times for various reasons. This is not a blanket exemption from liability but it does apply here. A more apt comparison would be someone getting sick on a roller coaster. It isn't the roller coaster's fault for causing the injury.
 

Cimarron

It's not dying I'm talking about, it's living.
Jun 28, 2007
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#62
That analogy doesn't hold up for several reasons the least of which is the pedestrian never gave consent to be allowed to be hit by a car. Players in the NBA do give consent to be injured during a game if the injuries sustained occur as a result of the natural course of the game. And even if they're not they are still handled internally most times for various reasons. This is not a blanket exemption from liability but it does apply here. A more apt comparison would be someone getting sick on a roller coaster. It isn't the roller coaster's fault for causing the injury.
If the roller coaster company was negligent or did something out of the ordinary they would most certainly be held accountable.

Can you point out where on any players contract that says they consent to injury because of flagarant fouls?

You can't write a contract outside of the law that releases you from negligence.

Just like putting up a sign that says "Not responsible of injuries" means nothing to a court of law.
 
Dec 29, 2008
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Stillwater
#63
If the roller coaster company was negligent or did something out of the ordinary they would most certainly be held accountable.
We're not talking about out of the ordinary we're talking about the normal action that takes place in the course of a game.

Can you point out where on any players contract that says they consent to injury because of flagarant fouls?

You can't write a contract outside of the law that releases you from negligence.

Just like putting up a sign that says "Not responsible of injuries" means nothing to a court of law.
Here's the tort:

Volenti non fit injuria

Here's some cases for you to read up on, the first one being the most important:

http://www.lawnix.com/cases/knight-jewett.html
http://online.ceb.com/CalCases/C4/16C4t1063.htm
http://online.ceb.com/CalCases/C4/3C4t296.htm
http://www.lawnix.com/cases/murphy-steeplechase.html

The athlete enters into the agreement implicitly by going onto the court. Again, unless one can prove intentional reckless behavior, there is no crime being committed.
 

Cimarron

It's not dying I'm talking about, it's living.
Jun 28, 2007
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#64
We're not talking about out of the ordinary we're talking about the normal action that takes place in the course of a game.



Here's the tort:

Volenti non fit injuria

Here's some cases for you to read up on, the first one being the most important:

http://www.lawnix.com/cases/knight-jewett.html
http://online.ceb.com/CalCases/C4/16C4t1063.htm
http://online.ceb.com/CalCases/C4/3C4t296.htm
http://www.lawnix.com/cases/murphy-steeplechase.html

The athlete enters into the agreement implicitly by going onto the court. Again, unless one can prove intentional reckless behavior, there is no crime being committed.
That looked pretty damn close to that. The guy is a professional, it isn't like this is first experience or he doesn't know better.
 

snuffy

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Feb 28, 2007
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Oklahoma
#68
I saw 7 games and them i saw a tweet that said 7 games on top of however many Hardin misses, which one is it?

Sent from 40 miles past BFE.
 

HeartLike_JohnStarks

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Jan 11, 2008
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#69
Good Lord, are we actually arguing for egregious actions like this to be counted as felony assault? :facepalm:

If that were the case most of the guys from 80s-early 90s would be in prison. God dang people. Where was any of these reactions about the Kevin Love romp stomp to Scola (one of the nicest and genuine guys in the game) or the Bynum - Barea clothesline?
 

Cimarron

It's not dying I'm talking about, it's living.
Jun 28, 2007
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#71
Good Lord, are we actually arguing for egregious actions like this to be counted as felony assault? :facepalm:

If that were the case most of the guys from 80s-early 90s would be in prison. God dang people. Where was any of these reactions about the Kevin Love romp stomp to Scola (one of the nicest and genuine guys in the game) or the Bynum - Barea clothesline?
I've always felt that actions on the field that went beyond the spirit and rule of the game shouldn't be treated any different than any other crime. Why should the fact that it's a sport be a license to commit what otherwise would be a crime (when it is beyond the spirit and rule of the game).
 

teibbor

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Jul 29, 2004
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#75
I saw 7 games and them i saw a tweet that said 7 games on top of however many Hardin misses, which one is it?

Sent from 40 miles past BFE.
Just 7 games without pay which will be about $348,000. They will never base a suspension on the hurt player because what if Hardin was a scrub that never played? They could just say he was out for the rest of the season unless they went off when the doctor cleared him to play but even the dr. could be manipulated to keep him out. I dont think the NBA wants to open that can of worms.
 

Cimarron

It's not dying I'm talking about, it's living.
Jun 28, 2007
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#77
Just 7 games without pay which will be about $348,000. They will never base a suspension on the hurt player because what if Hardin was a scrub that never played? They could just say he was out for the rest of the season unless they went off when the doctor cleared him to play but even the dr. could be manipulated to keep him out. I dont think the NBA wants to open that can of worms.
What if Metta World Peace was a scrub player and he took out Kevin Durant? Should it make a difference?

It not only could effect the income of Peace to be banned from a few games but also every player on both teams if it created a new balance of power in the NBA and the outcome of the playoffs.
 

teibbor

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#78
I think that is fair. I like the idea of suspending until Hardin is back, but like teibbor said, it isn't possible.
yeah or making it 7 games vs the Thunder only but again not going to happen. I cant wait for him to step on the floor in OKC to get booed by everyone
 

teibbor

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#80
What if Metta World Peace was a scrub player and he took out Kevin Durant? Should it make a difference?

It not only could effect the income of Peace to be banned from a few games but also every player on both teams if it created a new balance of power in the NBA and the outcome of the playoffs.
You lost me... but if you think OKC is not affected with the lost of Harden you are wrong. They lost the game Sunday because (1 of a few reasons) the bench could not hold the lead. Harden is the leader of the 2nd team and the 3rd best scorer on the team. We will have to play Fisher and Cook more if he does not come back and I think that is trouble.