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Athletics: Spectator Killed by Hammer Throw
By Prof Dr Ian Blackshaw
A spectator has been killed after accidentally being struck by a hammer thrown by an athlete competing at an indoor athletics event held at the University of Colorado, Colorado Springs Campus, on 26 January 2025.
The victim was the father of one of the competitors in the event and apparently died whilst shielding his wife and son from the hammer. He was 57 years old.
These hammers can weigh up to 7.26 kilograms.
A spokesperson for the Colorado Springs Police Department stated that it was a “non-criminal incident”. In other words, it was an accident.
The Chancellor of the University remarked that:
“We are heartbroken at this horrible accident ….”
The question arises, accident or not, is anyone legally liable for it under Civil Law?
Any claim for damages on behalf of the victim may be met by the legal defence of ‘volenti non fit injuria’. In other words, “to a willing person, no injury is done.” Did the victim, in the unfortunate incident under review, knowingly and willingly accept the risk of harm that occurred to him? That depends upon the circumstances of the case.
It appears that the hammer hit the victim beyond the certified barriers, which may prove to be a determining factor regarding the legal liability of the thrower. Also, do the sports event organiser and the owner of the sports arena have any individual or joint legal liability?
US Civil Law, broadly speaking, is based on the English Common Law and Case Law in England has held, in the analogous instance of someone being hit by a cricket ball hit out of the ground, that that is part of the game, and there is, therefore, no legal liability in negligence. See the House of Lords Decision in the case of Bolton v. Stone [1951] AC 850. However, doubt has been cast on the reliability of this Decision in the subsequent case of Phoebe Lewis v. Wandsworth London Borough Council (Case No: QA-2019-00370), which held otherwise.
In any event, these English cases are of persuasive authority only in the US, although cricket clubs can be held legally liable in the US for damages caused by cricket balls if they are negligent or fail to take reasonable precautions.
Furthermore, presumably the event organiser and the sports arena organiser have public liability insurance to meet any claims that may be made on behalf of the victim.
The Colorado Springs hammer case is certainly a very interesting one for the lawyers!
Prof Dr Ian Blackshaw may be contacted by e-mail at ‘