Ice hockey neck guards and legal liability following the tragic death of Adam Johnson

Deaths from skate-blade lacerations are extremely rare in hockey.^[1] Indeed, no National Hockey League (NHL) player has ever died as a result of being cut by a skate blade.^[2] In January 2022, Teddy Balkind, a high-schooler in the U.S. state of Connecticut, died after being struck by a blade while lying on the ice after a fall. Another player was unable to stop in time and collided with Mr. Balkind, which resulted in the fatal laceration to Mr. Balkind.^[3] Tragically, another death due to a skate-blade laceration suffered during a hockey game has occurred.

On Saturday, October 28, 2023, Adam Johnson, a 29-year-old player for Nottingham Panthers, died as a result of an incident during an Elite Ice Hockey League game against the Sheffield Steelers. The game took place at the Utilita Arena in Sheffield. During a play, Mr. Johnson’s neck was cut by a blade of a skate worn by Steelers player. Mr. Johnson was skating and controlling the puck when he was challenged by the opposing player, who lifted his left leg high enough in the air that his skate’s blade connected with Mr. Johnson’s neck, who began bleeding profusely on the ice. Protective screens were raised, while paramedics tended to Mr. Johnson on the ice. Shortly thereafter Mr. Johnson was pronounced dead at hospital. Multiple media outlets described the death as resulting from a “freak accident”[4].

This article examines the various forms of legal liability that could potentially arise against the player and the Elite Ice Hockey League, examining in turn: 

• Criminal liability
• Civil liability
• Direct liability
• Indirect (vicarious) liability