Is there a “duty to retreat” in sports injury cases?

In the state of Hawaii, there is no “duty to retreat” in sports injury cases. A duty to retreat means that an individual must, if possible, avoid injury or death by running away or retreating before they can use force in self-defense. This legal concept does not apply to sports injury cases because a person cannot always physically flee the situation. It is more likely that a person would be injured in a sports injury case, as the activity is inherently physical, so the “duty to retreat” is not applicable. Additionally, the assumption in sports injury cases is that both parties agree to the risks of the sport and are assumed to be responsible for any injuries. As a result, they are expected to use reasonable care and caution. This means that they should be aware of the inherent risks and make reasonable efforts to prevent injury. In essence, the “duty to retreat” would not be applied in sports injury law in Hawaii. Each situation should be handled on a case-by-case basis to determine whether or not reasonable care was taken to prevent injury.

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Is there a “duty to retreat” in sports injury cases?

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