Brain damage to sportsmen

Sorry I should have been clearer & said a larger & more common problem, not the severity of the problem.

Nothing to be sorry for. You've played hard in a hard sport. You have the Tshirt. JohnD nitpicks at stuff on the interweb. Saying that, your politeness to him, speaks volumes about you.
 
Volenti non fit injuria (rough meaning: those who consent to the risk of injury cannot claim for the injury they consented to) will be a huge challenge for them to overcome legally. Its a contact sport, the risk of injury is very well understood and has been for a long time.
CTE has only really been known about since 2005 in sports other than boxing. The American football teams have been hammered by CTE and it's only going to get worse for them. The idea that even sub-concussive impacts cause damage is definitely not something that has been known for a long time.

The danger for the clubs are any cases of them ignoring or minimising concussions so players could avoid mandated injury time outs.

Long term it might destroy Rugby in its current form as now the risks are known and taken seriously, should it be something that's allowed anymore? Or more immediately, who'll insure the clubs?
 
"Do you consent to brain damage causing early-onset dementia before you are 40?"

"Sure thing mate."
Yes that’s basically how it works. You consent to the risk of injury. If you don’t consent, don’t play. That is not to say research and development shouldn’t be applied to reduce the risks. It would be negligent to be aware a serious issue and do nothing to try to address it. You can’t consent to the risk of injury caused by a negligent act.

There are many activities that involve the risk of injury. Nobody takes up cycling and expects to be killed or sky diving and expect to go splat. But we have to recognise there are risks and we must take personal responsibility for those risks.
 
Are the rugby players gonna have to dress up like american football players?
:)
 
Nothing to be sorry for. You've played hard in a hard sport. You have the Tshirt. JohnD nitpicks at stuff on the interweb. Saying that, your politeness to him, speaks volumes about you.
Thanks for your support, but I have to agree with John D, I think I would rather suffer the arthritis than brain damage. Having said that I do not think he appreciates how disabling Osteoarthritis in all your joints can be.

mattylad- when I was playing there was no protective devices like shoulder pads & gum shields never mind padded suits :)
 
I do not have osteoarthritis but I have several sports-related injuries and damage

And some that are not sports-related.

There is no reason why mitch should know about them.
 
What is "informed consent?"
There is no expert duty of care here, its the reasonable person test. With a Doctor you have asymmetric knowledge, so a duty of care exists. As you'd expect say when a Surgeon recommends a course of treatment to a patient who does not understand the risks because they do not have the surgeon's knowledge or experience.

In contact sport the assault is committed by player A on Player B. The damages claim is against Player A, he has a defence because Player B consented to the risk. In the many small blows scenario, you can't even identify who committed the Tort. I would find it hard to argue a governing body should have responsibility for unknown risks or even be accountable for a failure to act once new risks come to light. Its completely different where there is a fitness program, which inherently increases risk by design - e.g. crossfit. here the makers have moved away from participant protection in order to create a brand. Legal costs are starting to mount. Again a duty of care exists. But they are free to create and design a program with increased risk of injury as long as the reasonable person can make his mind up. The same occurs with contact sport. People have to be free to take risks in life.
 
I do not have osteoarthritis but I have several sports-related injuries and damage

And some that are not sports-related.

There is no reason why mitch should know about them.
I was not criticising you , I just felt your "sore knee " comment sounded a bit dismissive.
 
Any injury? Physical? Mental?

Injury imparted with malicious intent?
Within the rules or laws of the game, no.

A broken leg from a fair challenge for the ball, no claim.

A knee - level two-footed lunge after the ball has left the scene, a strong case for action brought against the assailant.
Same as if someone was punched during a football match, unless it was by a goalie trying to clear a cross....
 
Back
Top