The Todd Bertuzzi and Steve Moore Incident: A Law and Economics Analysis

Theoretical application of tort law in handling the problem of hockey violence

In 2004, Todd Bertuzzi attacked Steve Moore during a hockey game in retaliation for an aggressive hit by Moore on one of Bertuzzi’s teammates in an earlier game.  Moore’s neck was broken, and although there was no paralysis, Moore never played hockey in the NHL again.  Bertuzzi pled guilty to a criminal charge of assault but did not go to jail.  As a result, there was much bad publicity for hockey, and Bertuzzi was suspended by the league for a considerable period of time, but did resume his career and played in the NHL until 2015.  Steve Moore sued Bertuzzi and others (including Bertuzzi’s team and the league) for damages arising out of his injuries.  Moore expressed considerable frustration with the length of time it took the case to come to court, and it finally went to court in 2014 (the lawsuit asked for $68 million dollar Canadian in damages).  On August 19,2014 there was a confidential out-of-court settlement in the case.

  The incident generated much discussion in Canadian newspapers about violence in hockey and how to handle this problem.  You are asked to apply the principles of Law and Economics to help us understand the issues around this incident.  You should begin your paper by explaining why, in theory at least, proper application of tort law might handle some of the problems of hockey violence, and why therefore no government intervention is required.  Then turn around and argue why tort law might not solve the problem raised by critics of hockey violence.  Does it matter for your analysis whether Moore sues Bertuzzi, or Bertuzzi’s team, or the N.H.L.?  Does the delay in hearing the case affect your conclusions about the effectiveness of tort law?  Assuming that hockey violence is a problem, what kind of alternative government action (for example, a law criminalizing such conduct) might address the issue.  Suggest both the pros and cons in such an approach.  Provide arguments both for and against allowing the N.H.L. itself to regulate hockey violence.  Finally, conclude your paper by offering your own opinion on how best to deal with the issue of hockey violence, and support your opinion with a logical argument