A Vicious Hit: I watched live the hit that Jaguar Donovin Darius put on Packer Robert Ferguson last night. It was vicious and it even looked intentional. He was right to be ejected the game and he will be fined by the NFL. But should he face legal liability? No.



Most likely, he will not, because Ferguson (thank goodness) appears that he will make a full recovery. If Ferguson had been more seriously injured, however, legal liability certainly would have been discussed, if not pursued. Witness the plea deal being discussed in the Todd Bertuzzi case. This just harkens back to an action being judged by its results and not by the action itself. But Darius's hit, however vicious, is part of the game of football. So much a part, in fact, that it has a name: clothesline. It may be against the rules, and the league is right to punish Darius for breaking those rules, but it should not lead to legal liability off of the field.

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