The Drakkar Klose-Jeremy Stephens fight this past weekend was scrapped after Klose was injured during their pre-fight faceoff on Friday.
Klose suffered a whiplash injury according to his social media account.
— Drakkar Klose (@drakkarklose) April 17, 2021
ESPN’s Ariel Helwani also reported that he suffered a cervical sprain of the neck per a CT scan.
Per Drakkar Klose’s team, they just got their CT scan results back:
— Ariel Helwani (@arielhelwani) April 18, 2021
He suffered a cervical sprain of the neck and a concussion as a result of the push. No sign of dehydration or anything that could come from a bad weight cut.
The incident brings up legal questions as to the liability of the individuals involved as well as the UFC. Obviously, there is an assumption of the risk argument in that the participants understand that this is a face-off with the fight occurring the next day. The fact that the face-off is meant to promote a fight and may have animosity is inferred. But, the actual touching and pushing of an individual may beyond the scope of the exercise. Although the video appears to show a relatively physical, but low-key push, Klose claims he was injured. Although he is an MMA fighter, one has to accept the fact that Klose could have been hurt by the shove. While you might believe that Klose could not have been injured by this act, there is the legal theory that you take the injured individual as you find them. The foreseeability of injury in a pre-fight altercation might be high depending on the known animosity between the two individuals. While the face-offs are meant to promote the fight, it is not meant to have the fight at that particular moment.
The issue is, the fight did not occur, and based on past experiences, its unlikely that either was given their contracted purse. Moreover, the cancellation meant that neither would have a chance at a win bonus.
For Klose, he could possibly have a legal action for personal injuries against Stephens on the theory of battery for an unauthorized contact with another causing harm. Damages are the fact he lost out on a chance to earn his show money plus win and potential bonus. Moreover, the damages from his injury. Practically, this would not happen, but Klose could have a legal claim against the UFC. However, that is unlikely as there’s probably a waiver indemnifying the company from any injury that occurs during fight week including instances like this.
We’ve seen in the Mark Hunt lawsuit that battery claims are premised upon the foreseeability of the harm. Close could have a claim against Stephens here although one might argue that pushing and shoving happens at faceoffs. Thus, this is not out of the ordinary for the sport of MMA.
Payout Perspective:
Its unlikely any legal proceedings will occur from this incident, but its interesting to point out the potential dangers for MMA fighters that want to get physical before a fight. It also reminds UFC officials to make sure that the fighters should not attempt to touch one another while getting a good visual for fans to want to tune in and watch.
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