If Cotto had been permanently hurt, lets say brain damaged (god forbid), in his bout with Margarito... and it was also proven that Margarito had loaded gloves during the bout; would Margarito be criminally/or tortiously responsible? .. i understand that causation would be a problem, he may have been brain damaged anyway!! But do queensbury rules get a fighter out of such liability??
I don't know how things work legally... he would probably recieve some kind of punishment outside his 2 year ban from boxing. The thing is he's not the only one who knew about the loaded gloves, and I think if the scenario you described happened further investigation would be required. It's also important to determine Margarito and his teams intention in this case... if they had some other motive than gaining a competetive edge, like inflicting more hurt on the opponent, although that would be hard to determine, then it's much more severe punishment he deserves IMO.
hmm says . . . I wasn't aware it was proven that Margarito actually did in fact have loaded gloves during Cotto. Source please....
good question and i find it hard to believe cotto wasn't brain damaged , simply because fighters to get it even in legal fights. this is a brain damaging sport. but , getting hit by plasterred wraps adds to the damage. the question is : did cheato know about it or not ? i think that he did but not sure. if he did know , then ofcourse he should be criminally responsible.
We don't know if Margarito had loaded gloves in that fight. So, unless he or somebody of his team talks, we will never know. I think he did...
hmm says . . . ok ok. I was more in line with "if" and brain damage and read loaded gloves scenario separately.
In the Billy Collins fight, Lewis and Resto were both put on trial and found guilty of assault, criminal possession of a weapon (Resto's hands) and conspiracy. Both went to jail. The degree of Cotto's injury would factor in somewhat, but I don't know how much. But no, Queensbury Rules don't excempt you from liability when you are breaking the rules. Obviously, when injury happens under the rules, fighters aren't charged.
I guess he would be criminally and tortioulsy liable! The amount of fees he would have to pay Cotto through lost earnings and quality of life would be quite substantial. Also the body that sanctioned the fight and failed to stop the llegal wraps will probably have a case against them as it appears they have a prima facie duty of care. However, it probably wouldnt go far due to the remoteness argument. Margarito could be charged with ABH, although the prosecutors will probably try for a lesser charge because it would be near impossible to prove intent. Although I suppose you always enter into a fight with intent to cause ABH! It would be a very complex legal situation, one without precedent...
The whole question is hypotheitical. If Cotto devlopes brain damage it will be diffcult to pin point it to the Margrito fight or any fight. Brain damage in boxing is usualy caused by an aculmulation of punches, and not one or two hard blows. Rather or not Margrito had something in his gloves that should not have been in them is going to be diffcult to prove. navada has strict inspection rules of gloves and wraps. This dose not mean that somthing couldn't slip by the inspection. However any evdance would now be more or less cercamstancal. From a leagle stand point I can only assume sence I don't acatuly know the law. My best guess is that if Margrito had loaded gloves or any boxer for tht matter had loaded gloves. Crimanal charges can be brought up against them as well as their seconds. Panama Lewis and Luis Resto both spent time in prison for their actions in the Billy Collians fight. As far as personal damages goes? I think it would be almost imposible to prove that a boxer's brain damage was caused by just one fight even if it was proven that in that fight he was intentaly hit by something other than a fist wraped in leagle wraping and gloves.
