What is the “unsportsmanlike conduct” defense in a sports injury case?

In Hawaii, the “unsportsmanlike conduct” defense applies when an injured party in a sports injury case is found to have engaged in dangerous or reckless behavior that contributed to their injury. This defense may be invoked by the defendant in a lawsuit brought by the injured party and could serve as a basis to limit or even eliminate any financial responsibility by the defendant. The principle behind this defense is that, by engaging in “unsportsmanlike conduct”, the injured party assumed some level of risk and thus is responsible for some or all of the injuries they sustained. This defense is based on the notion that reasonable athletes accept the inherent risks that come with playing a sport. In the Hawaiian legal system, this defense is intended to protect those who bear some responsibility for an injury, but who still owe a duty of care to an athlete. For instance, if an offensive player runs recklessly into the goal, a coach may be able to invoke the “unsportsmanlike conduct” defense if the athlete is injured. In assessing the “unsportsmanlike conduct” defense, the court will typically look to the context of the incident, the rule that the athlete broke, whether the injury was foreseeable, and whether the athlete’s behavior was reckless or careless. Ultimately, depending on the circumstances, the court may find that the athlete assumed some degree of responsibility for their injury, diminishing or eliminating the defendant’s liability.

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What is the “unsportsmanlike conduct” defense in a sports injury case?

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