Where the injury is not intentional, however, the injured party has to show that the other participant, for example in this case Lestina was negligent. The threshold for such liability in practice is high. Jerges will not be held liable for a simple error of judgment or instinctive reaction, even though the consequences might be tragic, especially in a fast moving game. (Gardiner 2005)
Something more than that is required. At the very least there has to have been a breach of the rules of the game. However, that alone would not necessarily be ...