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Can Tony Parker Sue Drake or his Posse For Eye Injury in Brawl?

By Deanne Katz, Esq. | Last updated on

Tony Parker was a casualty of the bar fight between Chris Brown and Drake early Thursday. The San Antonio Spurs star suffered a scratched retina and is out of commission for seven days while it heals.

That's bad news for Parker who is scheduled to play for the French National Team in the upcoming Summer Olympics in London. He was expecting to start training with the team this week but instead he'll be taking care of his eye.

The Spurs were only just knocked out of the playoffs, which brings up an interesting question: What if this had happened during the season?

Some sports stars and celebrities insure their bodies against accidents. Keith Richard's hands and Heidi Klum's legs are some of the more famous insured celebrity body parts. But chances are Parker didn't insure his eyes.

Still, if the brawl had occurred during the season while Parker was expected to play he would be out hundreds of thousands of dollars for each game he had to miss. The point guard earns $12.5 million a season.

You can bet that lost income would have formed the basis of a lawsuit.

Parker could conceivably sue Drake (or whoever threw the glass at him) for that lost revenue. He could try to recover under one of several tort (also known as personal injury) theories. Since the glass actually hit Parker and caused injury, the most obvious option is a battery claim.

If he can prove that his assailant had a duty to act with reasonable care Parker might be able to collect under a theory of negligence. Under negligence, an individual who breaches their duty to someone and it causes injury, can be liable for the damage.

The negligence option is more tenuous since courts generally don't recognize any duty between private individuals with no personal, familial, or business relationship.

Sure, this is all one legal enthusiast's conjecture. But unexpected injuries do happen to professional athletes and there is big money on the line.

If Tony Parker does pursue legal action, Drake (or his posse) can be glad the Spurs were out of the playoffs before the brawl and that it was a relatively minor eye injury. He may not be so lucky next time.

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