Personal Injury In Sports Essay

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 court also discusses a previous case Pfister v. Shusta that occurred in 1995, which adopted the exception to the standard of care for participants in a contact sport. However, the courts notice that the Pfister case was not working in a contact sport such as hockey. Although the body check from behind did violated a rule, the courts acknowledge that some violations are inherent and is anticipated in certain sports. Therefore in sports such as hockey, football and soccer which contact most likely occur, a participant breaches a duty of care only if they intentionally injuries another

Bradley Jones, a player got into an argument with the first base umpire who called him “out” because he thought he was “safe”. Bradley got upset and threw his batting helmet to the ground. The helmet bounced off the ground and flew into the stands, striking Adam on the side of the head causing serious injury. Adam never saw the helmet coming be he was looking around the stadium.

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.

While the trial is situated in Missouri, the incident that injured the plaintiff occurred in Peoria, Illinois, thus the state of Illinois’ standard applies in this case. The state of Illinois’ standard for contact sports is that the injury must be caused by willful and wanton misconduct on the part of the injuring party for the injuring party to be held liable in court. When examining the defendant’s appeal, the appellate also had to consider if the plaintiff, by the very nature of his participation in the game, had both consented to and understood the risk of actions like those that ultimately caused his injury. The main factors that the appellate court had to contemplate when deciding on the defendant’s appeal was if the defendant’s negligent actions were of a magnitude that exceeded the state of Illinois’ exemption for contact sports and also if the plaintiff, by his mere participation in the game had consented to actions matching those of the body-check that caused his

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.

If the commissioner 's actions caused by his breach of duty link to the damages suffered, the plaintiff’s party must also prove proximate cause, the fourth element of negligence. The two key concepts of proximate cause are that the tortfeasor’s conduct was the closest in to proximity to the damages and that there was no superseding causes that could cancel out the tortfeasor’s liability. In determining proximate cause, courts use foreseeability in defining the scope of risk. Given the statistics of an average of 1,750 injuries per year, the commissioner could have foreseen the possibility of injuries to MLB fans (Gail Payne v. Office of the Commissioner of Baseball (MLB), 2015). However, proximate cause cannot prevail as an element of proof because there are multiple superseding causes of these injuries that cancel the commissioner 's liability. One superseding cause would be the pitcher throwing a ball in a certain way, combined with the batter’s action of swinging the bat. This forced the ball and/or bat to exit the field of play, injuring the plaintiffs. Another superseding cause is the section the plaintiffs decided to purchase tickets. In this case, tickets purchased in an exposed section along the first base line are more dangerous than those covered by protective netting.

“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”).

Over the past several years, the NFL has faced numerous lawsuits involving former NFL players and their families ranging from negligence, fraud, and wrongful death conspiracy from related head traumas suffered while playing professional football. Several studies have shown that there are long-term and devastating effects on football players who consistently experience concussions during regular season play and practice. There is

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

The bodily harm that can be caused from playing at the collegiate can disastrous to players bodies for years to come. Each year there are thousands of injuries associated with playing college sports. While some maybe miner, others can cause irreversible damage that may leave players paralyzed or badly injured. Colleges and universities usually don’t continue to pay for medical coverage for those who are injured badly and need long term care. So, young players are left to fend for themselves with no way to pay for medical bills. They are putting their bodies and futures on the line to participate in sports that could result in permanent damage to their bodies. With such a high risk of calamity college students should be compensated to insure they have money they could use when they are unable to play college sports.

At games there has to be a medical professional that is licensed on the side lines

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

​Immigration is defined as the act of leaving your country of origin and going to another different one to stay there permanently (Dictionary.com). Reasons, why people escape or leave their original countries, are varied; ranging from war, poverty, natural occurrences such as earthquakes while others just take the step for fun purposes. A reform is a change from the way things were done originally and make them better. Therefore, immigration reform is a term that is frequently used in political talks that refer to the alteration of the immigration policy of the nation. The debate is currently prevalent in the United States of America. It is a topic that has been discussed and reforms put across since around 1986 but it’s never addressed fully due to the conflicting stands taken by the leaders, the democrats, and the Republicans always have different views. Recently, the President Obama tenure has reawakened the issue. Some people support the reforms while others do not. It is a time the United States of America undertook immigration reforms as a solution to its porous borders.

I would say that divine command theory would be stronger if we were to say that God does and is existent. This would then point to his divinity and character. If God is indeed real, then his views of what is moral and just would be perfect to our own imperfect judgments of what is and what is not righteous.