McKichan v. St. Louis Hockey Club, L.P. was a personal injury case filed on March 17, 1998, in which the plaintiff claimed that the defendant club should be held vicariously liable for their employee’s actions that caused the plaintiff’s injury. The injury in question occurred in Peoria, Illinois during an IHL game on December 15, 1990 between the Peoria Rivermen and the Milwaukee Admirals. While the St. Louis Hockey Club technically wasn’t playing in the game, they can be held liable for the injury, as the Peoria Rivermen are a subsidiary of the club. During the third period of said game, the defendant, Stephen McKichan, a goalie for the Admirals, was both injured and rend unconscious by a body-check from a Peoria player. This body-check occurred after play was stopped due to the hockey puck floating out-of-bounds. Also, the defendant player ‘s body-check had occurred after the referee had blown his whistle twice to signal the play stoppage. After the injury, the defendant’s player received a game misconduct and a suspension. The player would also go on to settle with the plaintiff out of court.
The appeals court based it’s the case Nabozny v. Barnhill (1975), 31 Ill.App.3d 212, 334 N.E.2d 258 that a player is liable for injury in a tort action if his conduct is such that it is either deliberate,
Based on my research, there are considerable lifelong health related consequences associated with participating in grueling sport activities such as professional football. What responsibilities should the National Football League (NFL) have in regards to providing an adequate support system to players suffering from a concussion during a practice or regular season game and from lifelong challenges as a result of traumatic head injuries sustained during the regular season or practices? The resources I have referenced in this proposal essay, provide evidence to answer this question and lends support to my position that considering the violent nature of professional football, the NFL needs to take more efforts to protect players during the games and afterwards if a serious injury has been sustained that affects their quality of life and future earnings. Current policies are inadequate and continue to contribute to lawsuits and cost lives.
These three incidents of sports illustrates that injuries can be unpleasant in any sports given and athletes have great amount of risks while they continue their game in the field, in order to amuse their viewers (Bird 91). Apart from the examples mentioned above, there are several small and large accidents that have occurred in the past and they have made the life of sportsmen bitter and even their future uncertain, with respect to their ability to work.
The case study selected for week three centers on a liability and assumption of risk case study. In this case study, Brent Thomas and George Banks are facing liability charges after Ricky Watts sustained a serious injury during hockey practice (Essex, 2016). In this situation, Thomas is the school principal, and Banks is the hockey coach as well as the gym teacher (Essex, 2016). Ricky obtained injuries after improperly blocking the puck (Essex, 2016). This case study was selected because it highlights a situation that will likely be faced by all future school leaders. Sports are popular among students, and there is inherent risk in each sporting event. A school is open to liability if they do not ensure that proper protocols are met.
“Despite its knowledge and controlling role in governing player conduct on and off the field, the NFL turned a blind eye to the risk and failed to warn and or impose safety regulations governing this well-recognized health and safety problem.” (“Lawsuit”).
Could you image you having a mild concussion? Or even your kid having one? Thinking that it will be gone in a few days, but not knowing that you could have life threatening injury to your brain, just by a blow to the head, by playing a sport. According to Sports Illustrated, in July 2014, a federal judge approved to the NFL, $765 million settlement, after 4,500 former players filled lawsuits against them, but recently, that settlement has been raised to $1 billion, covering more than 20,000 former players for the next 65 years. Professional organizations try there hardest to make the game as safe as possible, but like anything, there's flaws. Organizations like the NFL, NBA, NHL, and even the MLB, are trying to make sports as safe as possible
Organized sports have been a quintessential part of American society for generations. Many young boys and girls grow up watching and rooting for their family’s favorite sports team, which typically turns into their favorite. These professional sports players become role-models for these young girls and boys, guiding them into asking their parents if they can join a sports team. Football, for instance, has numerous young athletes playing the often aggressive, sport. Through this influence these children strive to become like the athletes they see on television. The big trending topic that is surrounding football today is concussions and other head injuries. Retired professional National Football League (NFL) players are currently suing the
This decision is about liability of a Waverly Council and the Australian Sports Oztag Association for damages arising out of an injury suffered by Mr. Salvo who injured his knee while playing Oztag on an uneven ground. The Court of Appeal dismissed Mr. Salvo’s appeal on the basis that neither the Oztag Association nor Waverly Council had acted negligently and that Mr. Falvo had not shown that any breach of duty of care caused these damages. The District Court trial judge, Hungerford ADCJ, concluded thatt the playing field was consistent with acceptable standards for playing sports such as Oztag .That Oztag was a “dangerous recre-ational activity” within the meaning of ss 5K and 5L of the Civil Liability Act 2002 (New South Wales). This meant
When it comes to subject that the public is concerned about, contact sports and the consequences that come from playing such sports is definitely high on the list. The one fact that one will notice by reading the following is the reasons why contact sports should be banned and the credible sources that have confirmed the harsh outcomes of playing such sports. Through the injuries, problems that come from concussions, and the fact that athletes are pushed beyond their limitations, one will see that playing contact sports is not at all what it is cracked up to be. The injuries tell it all and through the blood-soaked writing that has been typed below one will see that playing contact sports should be banned for good from public schools.
The kid suffered from severe internal bleeding, had to have two blood transfusions and four CT scans, and had to spend five days in the intensive care unit at the hospital. Dobbs went to check on the kid a few times and gave him the glove he used in the game and a signed bat, he also called the family a few times to check on his condition. According to the law the team shouldn't be responsible for the medical bills, because for a few decades they have been in favor of the teams, leagues, and stadiums when it comes to lawsuits. It is only when "the plaintiff introduces adequate evidence that the amusement facility in which he was injured deviated in some relevant respect for established custom will be proper for 'inherent-risk' case go to the jury," the Pennsylvania Supream Court explained in one case. They had two solutions to prevent injuries from happening, the first solution to the problem was to put up a protective screen. The bad thing about the protective screen is that the fans are not going to able to catch the balls and it would change the nature of the game itself. The good thing about the screen is that people will still have a good view and there would be no risk of getting hurt. The second solution they had was to raise the ticket prices, it's a good idea because they will have more money to pay for medical bills, but then the fans will stop coming because it's gong
The respondent, Sandra Williams, filed a law suit with the petitioner, University of Texas at Arlington due to injuries the respondent sustained when she fell from the bleacher area at UTA’s Maverick Stadium. The respondents were present at the petitioner’s stadium to watch a high school soccer game.
In the aftermath many ethical decisions were made. The staff was honest by admitting that a plan had been created for the possibility of students’ rushing on the field. The whole case was subjected to Justice with the conclusion of a settlement for the plaintiffs in the case. The ‘crush’ did prompts several stadiums including Camp Randall Stadium to perform safety changes. “The University of Wisconsin-Madison added staircases in the student section, started enforcing assigned section seating and made longer isles between sections to avoid similar incidents in the future. The real test of the additions was back in 2010 when the Badgers beat rival and then No. 1 team Ohio State, and students rushed the field again” (Kumlien, 2013).
This is because if someone did get injured then the game would have had to of been stopped and it would have been my fault. This could mean that the person injured might not be able to play the sport that they want to for a while. If I had checked the court before starting the game then it would have had a positive impact on the game, this is because no one would be injured and therefore the game would run smoothly and the relationship between the players and me would be good. Next time I umpire I need to make sure that I fully check the court before the game begins. When checking the court I need to check for spills and any objects on the court. Checking the court is vital for the health and safety for the
According to the Orlando Weekly report, the tournament had a liability policy for the event. However, the man’s claim was denied because he was injured at the trade show, and not during the tournament itself. In 2010, he took legal action against the park, the organizers of the event and a one of the vendors at the event, among others. His lawsuit was reportedly dismissed based on the liability waiver.