Pacquaio Faces Worst Knockout of Career

Many people sat down on May 2nd expecting the fight of the century. They had their chips and dips and beverages all lined up ready for the fight. The fervor surrounding the event reached almost Super Bowl like levels.

Whether you thought the fight was a hit or a bust, one interesting piece of drama came out of the fight after the final bell was rung.

After the fight was over, it seemed there was something wrong with fighter Paqcuaio. He didn't appear to have the same ferocity or quickness that many fans have grown to love. It was revealed after the fight that Pacquaio in fact was suffering from a torn cotator cuff. Whether it slowed him down or not, many fans saw this as a bait and switch and were incredibly upset.

Since the end of the fight, fans have joined a $5 million class action lawsuit which looks to recover damages for the fight. The two representatives of the lawsuit reside in Clark County and seek damages based on the information that Pacquaio was not up to full health.

Which brings up the legal question at hand; does the failure to inform of his injury make Pacquaio liable for damages to his viewers? It can easily be argued that if this information had come out beforehand that the result would probably have been decreased purchase of the pay per view. If a fight is being billed as the fight of the century, is not apparent that both fighters would be in top form?

The class action asks that exact question. Why did the paying customers not know the condition that Pacquaio was in before the fight? Did the customers rely on a misrepresentation put forth by Pacquaio that he was fully healthy before entering the fight? Not only did customers rely on the entertainment value of both fighters being healthy; customers also relied on their health for gambling wagers as well.

As of right now this appears to be the crux of the whole lawsuit. If Pacquaio knew, and lied on his application, did he misrepresent himself to the millions of paying customers ro receive a bigger payout?

The Nevada Athletic Commission rule NAC 467.555 states;

"When an unarmed combatant is unable to take part in a contest or exhibition for which he or she has entered into a bout agreement because of an injury or illness, he or she shall immediately report the fact to the Commission and shall submit to an examination by a physician designated by the Commission."

What appears to have happened here is that Pacquaio in fact did not notify the Commission of his injury and instead checked "No" when asked about any. Ths violation could lead not only to damages under this class action, but also penalties under the Nevada Athletic Commission as well.

In a broader scope, this lawsuit could put the entire sporting world on notice. Millions of hard working people pay good money to watch sports. If sporting events start to cover up unfavorable facts for a bigger payout, what should be the legal recourse?

Take for example the on-going saga of "Deflate-gate". How is that only after the Super Bowl is long over, do we find out the real details of what the Patriots did? Is it because finding out before hand could have hurt the sport's bottom line?

Commissioners who self govern their sport may be protected by too much amnesty and avoid too much over sight. When broad misrepresentations are made all for the sake of the bottom line, sport no longer becomes an intricate part of American society, but rather a travelling circus filled with snake oil salesmen.

Pacquaio's torn rotator cuff may lead to a bigger legal question down the road in professional sports, which is "What do sports owe the community?" Products and services are legally governed by long lists of statutes and regulations. Is it about time we protect the consumer of sports from misrepresentations as well?

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