that's not what is being said, but again, undue regard is hard to prove too...
how do you prove undue regard over competitveness that just went wrong? The sport is competitive on so many levels, physical, financial, mental etc.....how do you prove in that split second that the player had the time to think "this might hurt the other guy"...it's not going to happen, he's thinking "that ball is mine and I can win it". It's a tackle, it's not (most of the time) Roy Keane 2: Haaland's Revenge. If the player drives his 4x4 onto the pitch and runs the opponent over, while taking the time to reverse and finish the job, by all means, throw the book at him.
This is not like driving down a built up area at 50 miles an hour...the roads have laws that govern them and if you shatter someone's spine, you've likely done it through negligence that is proveable. How do you prove that kind of negligence where the very nature of the activity carries with it the risk of injury or unfortunately the risk of injuring another?
If you open the litigation route, then you open a can of worms that would, I honestly believe, kill the game of football. Players suing players for loss of earnings and distress, clubs suing players for loss of return on transfer fees, players suing managers for putting them in the situation to be injured, fans suing clubs for the emotional distress / never seeing Xavier Whodjamaflip play after spending £35 having his name embossed on the back of their shirt (yes yes I know exageration but I'm making a point
)
It would eventually get to the point where games would stop because no fecker is prepared to risk a law suit.
Football is a contact sport, it carries risks like many other professions, but if in order to stop those risks you have to kill the whole sport as we know it in the process, do you do it?