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Wes Welker Tackled Off the Field, Battery?

Wes Welker, the Patriots' wide receiver, was out in Colorado just trying to have some fun by crashing a party associated with the Aspen Food & Wine Classic, according to the New York Post. Welker and his buddies tried to get into the Patrón tequila sponsored event, like anyone would, and were asked to leave by security.

After security was unsuccessful in asking nicely, they were forced to physically restrain Welker and his group to break up a potential fight, reports the Post. The police did not arrest anyone in the group, as it is likely the excuse "the guy's getting married, we're just trying to have a little fun" was used to great success.

Under personal injury law, if you consent to certain offensive touching, such as being tackled in a football game, you cannot bring an injury claim against the defensive back. Now, this would seem to be the same case for bouncers or security at an event, but it is not.

There is a difference between bouncers and security personnel. Bouncers are like normal folks, which means they can't touch you offensively unless it is in self-defense. That means that if Welker or his crew was harmed when they were tackled that they could have brought a battery charge against the bouncer and the establishment.

Even though a suit could have been filed, it would likely have failed because of the circumstances. Since the group was being rowdy, it was reasonable for security to ask them to leave. Once Welker's group started getting physical, a measured physical response was applied to them to stop any escalation.

Lucky for Wes Welker's fiancé, he and his friends were not arrested after Welker was tackled off the field.

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