In general, injuries that occur during the practice of a sport are usually considered inherent risks of the activity and do not necessarily constitute a crime. This is based on the idea that by participating in a sport, players accept the risks that are normal in that context. However, there are exceptions when injuries are caused by conduct that is against the rules, excessive, or malicious. Here are the scenarios in which it could be considered a crime:
Injuries Within the Limits of the Sport (Accepted Risk)
In most sports, players accept the inherent risks of the activity, known as the principle of “implied consent.”
For example, in contact sports like soccer, rugby, or boxing, it is assumed that players accept the risk of suffering blows or injuries as long as these occur within the rules of the sport.
If the injury happens during a play within the rules, it is not considered a crime or criminal liability, since the risk is part of the sport.
Injuries from Rule-Breaking or Reckless Actions
If the injury occurs as a result of an action that violated the rules—for example, an excessively hard tackle or an unnecessary blow—the situation changes.
Normally, such infractions are sanctioned by referees or sports authorities (cards, suspensions), but if the action was very reckless or negligent, a civil claim for liability could be filed.
Example: A violent tackle in soccer that breaks the rules and causes serious injury could lead to a civil lawsuit for damages but not necessarily a criminal trial.
Intentional or Malicious Injuries
If the injury was caused intentionally or with clear malicious intent, it may be considered a criminal offense.
For example, if a player attacks another outside the rules, with the sole purpose of injuring them, this could be prosecuted as a crime of injury or assault.
Example: A punch outside of play or a hit unrelated to the game could be treated as assault, punishable both in sports and in criminal law.
Severity of the Injury and Context
The seriousness of the injury and the context matter. If the injury is severe (fractures, brain injury, etc.), and it is proven that it was caused by reckless or intentional action, the case is more likely to be brought into the criminal arena.
In sports like boxing or martial arts, the line is narrower, but if a rule is broken (such as hitting after the referee has stopped the fight), it may be considered a crime.
Civil and Criminal Liability
Besides criminal consequences, there may also be civil liability.
If someone was negligent or reckless and caused an injury, the injured party could sue for damages (medical expenses, lost wages, etc.), even if it is not considered a crime.
Sports Rules and Federations
Sports federations may also impose administrative sanctions (suspensions, disqualifications) when a competitor commits an infraction causing serious injury.
These can be applied alongside or independently of legal action.
In Summary
✅ Not a crime if the injury occurred within the rules of the sport and is an inherent risk.
⚠️ May be a crime if the injury was caused by a reckless or negligent action outside the rules.
❌ Is a crime if the injury was intentional or with malicious intent.
📌 In case of suffering a serious sports injury, it is advisable to consult with a criminal or sports law attorney to evaluate whether a criminal complaint or a civil claim is appropriate.
If you find yourself in this situation, do not hesitate to contact Lic. Jorge Fernández to review your case and help you resolve your problem.
