Prepare for the biggest game of chicken in combat sports (UFC, Top Rank, ACs) over the next year on coronavirus. Promoters shifting liability for fighters testing positive to ACs. ACs using plausible deniability & assumption of risk as lawsuit defenses. Fighters with no recourse.
We know that current COVID-19 testing has about a 10% false result rate.

Fighter A tests neg on UFC/AC test before fight but tests positive after fight in non-AC test. Fighter B was exposed to A, gets corona. AC dares B to prove absolutely that A gave B corona during the fight.
Given the currency accuracy/inaccuracy issues with COVID-19 testing, it is incredibly burdensome for a fighter exposed to corona from another fighter to prove on a clear and convincing level (75ish%) that the fight itself was the source given a pre-fight negative test result.
Barring strict liability arguments, another affirmative defense for AC against fighters who sue over coronavirus: the fighter suing may have have a false testing result on their own accord (even with multiple tests), therefore how you can prove the AC created exposure?
It seems inevitable to me that UFC, Top Rank, and other major sporting promoters will create what I colloquially call a "COVID clause" in contracts, forcing athletes to sign away rights to sue any parties involved in sanctioning or promoting paid activity.
I think there will be serious consideration by the major state Athletic Commissions (e.g. Nevada) to amend their health/safety codes to change statutes so that ACs can change licensee requirements to require legal waivers regarding corona contagion. There will be push back.
Another issue: HIPAA. Unless amended, the hands are tied on Athletic Commissions openly disclosing which fighters tested positive. If a fighter is exposed to another fighter who has coronavirus, the AC can only tell the fighter of exposure. Nothing else. How do you do discovery?
2 years ago, I reported on a scandal regarding a GLORY event in Long Beach, California where a fighter supposedly was positive (or falsely tested positive) for HIV and referee Marcos Rosales was notified *only* of exposure. Nothing else. No other details. Totally left in the dark
Many MMA fighters cut weight and engage in drastic measures for fight prep. Fighters can be physically compromised. If there's one thing we know about COVID-19, it's ruthlessly efficient at attacking those with co-mobordities or creating cytokine storms in the young & strong.
Athletic Commissions, knowingly or unknowingly, get caught in negligent behavior over mismanagement of medicals for fighters. ACs don't fear fighter lawsuits because there isn't a cadre of killer attorneys pursuing fight suits. Corona is a new wild card that could change things.
I profusely apologize for bad grammar and misspelling of several words in this thread. Stream of consciousness...
You can follow @FightOpinion.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled: