Brandon Jacobs Helmet Incident: Can We Expect a Lawsuit?
Sunday's big match-up between the Manning brothers did not live up to the hype. Lackluster run defense and surgical offensive execution gave the edge to Peyton Manning and the Indianapolis Colts. Not only did the Giants lose on the field, but it looks like Brandon Jacobs' actions and his mouth have continued to embarrass the team on the sidelines and off the field.
After one of the Giants many quick three-and-outs of the game, New York Giants running back Brandon Jacobs came off the field and launched his helmet into the stands. Jacobs, whose frustrations has lead to off the field remarks including a trade request, later told reporters he was sorry for the incident and lost control of the helmet as he attempted to throw it under the Giants bench. The helmet landed 6 rows up into the Indianapolis Colts crowd and was knocked down by an Indianapolis Colts fans. No one was injured stemming from the helmet toss, but there was an altercation between the Colts fans and the Lucas Oil Stadium security.
The NBC broadcast caught the majority of fan and security personnel interaction, and it was clear the fan did not want to return the helmet. It almost looked like a tug of war match between the two groups. After it was all said and done, Jacobs got his helmet back and the disgruntled fan got what he was told was a game ball from the Colts.
The big question now is what happens from here. Jacobs claimed it was an "accident" and the NFL and the New York Giants have yet to take any to penalize Jacobs for his outburst, but it was clear Sunday night and in recent statements from the Colts fan that he was very displeased with the entire incident. In other sports, fans have gone ahead and sued players individually and manufacturers for their roles in injuries the fans have been subjected to due to play on the field. But in this case, it may be a question as to whether or not the fan should assume the risk that a players' helmet will take flight into the stands.
In a recent action filed in Manhattan court, involving the New York Mets and the Rawlings company has given some precedence that fans can sue for their injuries sustained due to a bat being shattered on the field. This is a different type of incident though. Although no injuries have been reported to date, this fan may decide to come back after Jacobs and the Giants for his "accidental" heave.
In a release to ESPN, the fan says he is an avid Colts fan and goes to all the games. Would you be surprised if your "Average Joe" fan decided to claim in the future some type of trauma due to the incident?
To date, no threats of a lawsuit have been made, but with attorneys smelling blood in the water and the Giants running back reeling from his recent off the field remarks anything is possible.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.