During a professional hockey game, Derek, a player for the Devils, collides with Alexei, a player for the Bruins, and falls, hitting his head hard against the ice. Dazed, Derek tells his coach that he thinks he might have a concussion.

The coach orders him to “man up” and get back in the game. Derek suffers a second collision with Alexei and is removed from the game unconscious. He is later diagnosed with a brain injury.

Has a tort been committed? If so, what is it, and who committed it? What is this party’s best defense? The tort that has most likely been committed is ______________.

The elements are (1) a duty of care, (2) a breach of the duty, and (3) the breach’s causation of (4) an injury. The coach has a duty to exercise ______________ care within the context of the game. Ordering a player with a possible concussion to “man up” is likely not an exercise of reasonable care. This breach leads to further injuries to Derek. The coach’s best defense is ______________ ______________ ______________. A party who voluntarily enters into a situation—

such as a hockey game—knowing the risk involved cannot recover if the party suffers an injury as a consequence.

The requirements are knowledge of the risk and a voluntary assumption of it. As a player of the game, Derek most likely meets both requirements.