On Sunday, September 06, 2020, an immediate default, one of tennis’ rarest punishments, was inflicted on World No 1. Novak Djokovic for a case of reckless conduct. During his fourth-round match against World No. 27 Pablo Carreno Busta, and after losing his service game at 5-5 in the opening set, Djokovic egregiously struck a ball that made contact with a line umpire’s throat. The line umpire immediately fell to the ground and could not stop coughing. Novak ran to the umpire and apologized to her, although New York Times’ freelance writer Ben Rothenberg alleges that Djokovic tried to downplay the importance of the moment by saying “she doesn’t have to go to the hospital for this,” but it was too late (Rothenberg, 2020). 

As a first-year law student at Emory University School of Law, I have been immersed into the world of torts. A world that seemingly corrects civil wrongs through damage awards. A world that deters harmful conduct. A world that applies a reasonable person standard to acts of negligence. As my two worlds collide – law school and tennis – I no longer see Novak Djokovic’s reckless conduct solely as a display of frustration.

So did Novak commit a tort? Novak Djokovic pleads that he didn’t intend any harm. He was simply frustrated and, as per usual, wanted to release his built-up anger. Although he did not intend to hit the line judge with the ball, he did intend to hit the ball. That very ball that Novak intended to hit caused harm to the line umpire… and without care or thought. Novak did, indeed, cross outside the acceptable lines of tennis. 

So, the next question is why did the USTA take such a harsh action? Players act out all the time: swearing at umpires, demolishing their rackets, and even mocking their opponents. In these cases, the punishment is usually a mere fine on the player, and play is instantaneously resumed. 

As per the guidelines in the ITF Grand Slam rulebook, Article III, Section N, “Abuse of Balls,” reads “players shall not violently, dangerously or with anger hit, kick, or throw a tennis ball within the precincts of the tournament site except in the reasonable pursuit of a point during a match. Violation of this Section shall subject a player to fine up to $20,000 for each violation. In addition, if such violation occurs during a match, the player shall be penalised in accordance with the Point Penalty Schedule.” The Article further defines the “abuse of balls” as “intentionally hitting a ball out of the enclosure of the court, hitting a ball dangerously or recklessly within the court or hitting a ball with negligent disregard of the consequences,” the latter two which would apply here (Grand Slam Board, 2020).

According to the rulebook, there was indeed an “abuse of balls,” but where does the default come into place? Article III,  Section T, “Defaults,” of the ITF Grand Slam rulebook states that “the Referee in consultation with the Grand Slam Chief of Supervisors may declare a default for either a single violation of this Code or pursuant to the Point Penalty Schedule set out above” (Grand Slam Board, 2020). Moreover, the decision is final and cannot be appealed. 

Djokovic’s default was a rare punishment on the tennis grounds, but a necessary one according to the code. As code violations increase, punishment oftentimes moves from a mere warning, to a point penalty, and, if warranted, an immediate default. Djokovic’s act was clearly one of recklessness and negligence, and one that was not within the rules or customs of the sport. Thus, the USTA decided that Novak Djokovic’s inappropriate conduct violated the rules of tennis to such an extent that it warranted an immediate default. 

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Works Cited:

Grand Slam Board. 2020 OFFICIAL GRAND SLAM® RULE BOOK, 2020, http://www.itftennis.com/media/2495/grand-slam-rulebook-2020-f.pdf. 

Rothenberg, Ben “She doesn’t have to go to the hospital for this.” -Djokovic trying to downplay the effects of hitting the lineswoman, saying she wasn’t seriously injured. Djokovic continuing: “You’re going to choose a default in this situation? My career, glad slam, center stage” 6 September 2020, Tweet.