Wis JI-Civil 2020

A participant in a (recreational) (amateur) (professional) athletic activity that includes

physical contact is liable for injury caused to another participant during the activity if the

participant who caused the injury acted recklessly or with intent to cause injury.

[A participant acts with intent to cause injury if (he) (she) engages in conduct with the

intent to cause injury by that conduct. An intent to cause injury exists where the participant

either means to cause injury by (his) (her) conduct or where an injury is almost certain to

follow from this conduct.]

[A participant acts recklessly if (his) (her) conduct is in reckless disregard of the safety

of another. It occurs where a participant engages in conduct under circumstances in which

(he) (she) knows or a reasonable person under the same circumstances would know that

the conduct creates a high risk of physical harm to another and (he) (she) proceeds in

conscious disregard of or indifference to that risk. Conduct which creates a high risk of

physical harm to another is substantially greater than negligent conduct. Mere inadvertence

or lack of skill is not reckless conduct.]

In considering the conduct involved in this case, you should consider the sport

involved; the rules, regulations, customs and practices governing the sport, including the

types of contact and the level of violence generally accepted; the risks inherent in the game

and those that are outside the realm of anticipation; and the protective equipment worn.

You should also consider the age and physical attributes of the participants and their

respective skills and knowledge of the rules and customs of the game.

[If you find that (defendant) engaged in conduct and intended to cause injury by that

conduct, however great or small, or that (defendant)’s conduct was almost certain to cause

injury in some way, however great or small, then (defendant) acted with intent to injure.]

[If you find that (defendant) engaged in conduct which (he) (she) knew or a reasonable

person under the same circumstance would know created a high risk of physical harm to

another, and (he) (she) proceeded anyway, then (defendant) acted recklessly.]