Head Injury Litigation: Why No NCAA? (1 Viewer)

[SystemShock]

You can't solely blame the NFL for your brain issues if you've been playing football your entire life.

Interesting statement. Let's try it this way:
You can't solely blame the tobacco industry for your lung issues if you've been inhaling smoke your entire life.

 

[FatiusJeebs]

Interesting statement. Let's try it this way:
You can't solely blame the tobacco industry for your lung issues if you've been inhaling smoke your entire life.

Exactly.... By your logic every level of football should be getting sued then.

 

[st dude]

Interesting statement. Let's try it this way:
You can't solely blame the tobacco industry for your lung issues if you've been inhaling smoke your entire life.

Tobacco litigation is similar to football litigation in that a primary defense to both suits is that the plaintiffs assumed the risk. Smokers know cigarettes are dangerous and football players know the game carries a risk of significant injury.

Some smoking suits have been successful and no doubt that encourages football players making claims. Smokers claim tobacco hid risks and football players claim the nfl failed to disclose risks.

There are some significant differences between the claims. I think the most damaging evidence against tobacco is that they manipulated nicotine levels to make tobacco more addictive. That is more of an active than passive type negligence and I think has more appeal to juries.

While the tobacco and nfl litigations have similarities, I think the football cases will be harder to win. Tobacco smokers are not paid to take risks. Football players are.

 

[Kris]

The players association wouldn't want me on the jury! I just don't buy the "I didn't know I could get hurt playing football" argument. There is a reason these guys get paid well, and I am not talking about the superstars. NFL minimum is pretty good pay for a guy who may or may not have a degree in phys ed or communications. They know what they are getting into. If it's cause they didn't know, then why are they on the field today????????? They know and choose to play for the money. They have been compensated.

Kris

 

[krazy9000]

There is currently a class action suit filed against the NCAA dealing with concussions. It was really easy to google search it!

Concussion Litigation Against the NCAA is Gathering Momentum | NFL Concussion Litigation

 

[SystemShock]

Exactly.... By your logic every level of football should be getting sued then.

That's not where I was going.

Some smoking suits have been successful and no doubt that encourages football players making claims. Smokers claim tobacco hid risks and football players claim the nfl failed to disclose risks.
.

That's about where I was going.

In ea nutshell, the tobacco industry told smokers there were no health risks associated with smoking, having scientific proof that in fact had it was hazardous to someone's health . The discovery of such documents being in possession of the tobacco industry while it made public claims to the contrary was the smoking gun (pun intended).

In the same manner, the NFL and its doctors (allegedly) told players there were no future medical risks associated with head trauma, while in possession of scientific proof to the contrary. That is what (probably) is going to do the NFL in.

 

[SystemShock]

The players association wouldn't want me on the jury! I just don't buy the "I didn't know I could get hurt playing football" argument.

That is not the argument the players are making.

 

[superchuck500]

RJ is right and it is not something competent plaintiff lawyers can avoid. All I do mostly is plaintiffs personal injury. If I sue the defendants can and often do try to get everyone they can on verdict forms to reduce their fault.

La law even allows them to put immune and/or insolvent defendants on verdict form.

So as it relates to this case if a player sued the Saints and said they caused him to have head injury from repeated trauma the defendants could put anyone they want who ever caused his head injury on verdict form. That would arguably include his college and high school. If the theory is repetitive trauma how do you exclude hits player took in college and high school?

I still don't understand what you're talking about. Doesn't the comparative fault have to be adjudged? Isn't that part of the verdict? A competent attorney should have the defendant identify in discovery any third party alleged to have been at fault - and those parties can be joined where warranted.

Are you really saying that a defendant can arbitrarily add a third party on a verdict form and that party - without representation or even a ruling on relative comparative fault as borne out in trial - is thereafter cast in judgment based in that defendant's designating the party as such?

 

[st dude]

I still don't understand what you're talking about. Doesn't the comparative fault have to be adjudged? Isn't that part of the verdict? A competent attorney should have the defendant identify in discovery any third party alleged to have been at fault - and those parties can be joined where warranted.

Are you really saying that a defendant can arbitrarily add a third party on a verdict form and that party - without representation or even a ruling on relative comparative fault as borne out in trial - is thereafter cast in judgment based in that defendant's designating the party as such?

Pretty much. We do ask that third parties be identified in discovey but it is not always practical to add the party. In a premises liability case when you sue the owner they may seek to put on verdict form the contractor, subs and architect who were involved in construction of bldg twenty years before. All those defendants have immunity by virtue of peremption statutes. Their fault is quantified but you cannot recover their share. The defendants can even put phantom defendants on verdict form such aas unknown drivers who contributed to accident and left scene.

In the case at hand I was wondering out loud that in Louisiana if you used the NFL for repetitive head trauma might the defendants add colleges and high schools to the verdict form? How could a guy who has played football al his life prove all of his deficits are due to NFL play if his head has been getting blows for ten yrs before the NFL?

Sounds goofy but as I am sure RJ would confirm defendants can be very aggressive about putting everyone they can on verdict form.

Louisiana's Pure Comparative Fault System, La. C.C. art. 2323, and Liability as Solidary or Joint and Divisible, La. C.C. art. 2324 - Louisiana Injury Lawyer Blog

 

[DomeDude]

I asked the same question in another thread a week or so ago. Players have been taking hits since Pop Warner; so why target only the NFL?

Im assuming this will be a big part of the NFL's argument. The average NFL career is what, about 6 years ? Most of these guys have been playing football since they were little kids, how much of the damage was done before they even got to the NFL ?