Summary : ' Torts '

In their appeal, the defendant argued that injuries caused by body-checks are an inherent risk of the game of hockey. Since hockey is a contact sport and those who participate in the sport consent to the inherent risks of the sport’s contact, actions that result in civil liability in most places do not do so in within the realm of contact sport. The plaintiff, through his participation in the sport, they argue had consented to the risk. Therefore, in the defendant’s minds, the case didn’t consist of any triable issues of material facts and thus they were entitled to a summary judgment by the district

The topic I will be discussing in this draft is the debate on whether the National Football League should be held liable for injuries that their employee’s sustained while playing professional football. The injuries that I will discuss are concussion and traumatic brain injuries related to multiple concussions. In years past this injury wasn’t know n to be as prevalent because that game was played at a much slower speed. Players in todays’ game are bigger, faster and stronger than ever. It has been documented that the players themselves willingly know the risk they are taking yet still take the chance at playing the game. Players and player group representatives are now seeking compensation for their player and player’s families.

Among the terms of the agreement is that the settlement is not to be regarded as an admission of guilt by the league." The NFL knows of the dangers the players are in. The rules change but the equipment increased. Without more or better equipment the players are still in danger. In a PBS Frontline documentary about injuries in football Dr. Robert Stern said," In football, one has to expect that, almost every play of every game and every practice, they're going to be hitting their heads against each other. That's the nature of the game. Those things seem to happen around 1,000 to 1,500 times a year. Each time that happens, it's around 20 g or more. That's the equivalent of driving a car at 35 miles per hour into a brick wall." The players in the NFL know the risk of playing but it is up to the NFL to make the sport safe for the players. Many people may argue that since the players know the risk and they are paid for their athletic performance is ok. However you cannot put a price on a person health. There is no way of rationalizing the behavior of the NFL. Yes, the athletes are paid to perform, but it is up to the NFL to make the sport safer. The NBA has increase rules and is aggressively making the sport less physical. In a Radio interview with XTRA 910 a Phoenix, AZ, Former NBA player, Robert Horry said, "… If you

There are six elements when committing a crime; corpus delicti, actus reus, mens rea, specific intent, general intent, and negligence. The first, Corpus delicti, is defined as "the body of crime” this is the material that substance a crime. The phrase corpus delicti means that before a person can be persecuted there must be concrete evidence that the crime was committed. The corpus delicti also helps to describe the evidence that proves that a crime has been committed.

These lawsuits represented over 2,000 former players claiming that the NFL didn 't teach them the dangers of a concussion. On August 29, 2013, over a year after the lawsuits were filed, there was an agreement between the NFL and the players; the NFL agreed to pay $765 million to pay for medical examinations, compensation for the concussed athletes, and research towards concussions. Just as the NFL thought the lawsuits were over, on January 14, 2014, the agreement was declined by a federal judge because the judge believed that $765 million was not enough money (“NFL Concussion”). These lawsuits over the issue of concussions prove that the athletes have experienced a multitude of medical issues that resulted from multiple concussions. These former athletes are working hard to ensure that young athletes do not have to suffer like they do.

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

ASSAULT, BATTERY AND FALSE IMPRISONMENT ARE EXAMPLES OF ____ TORTS THAT INVOLVE INTERFERENCE WITH A PERSON'S BODY.

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,

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.

NFL players have finally gone against the NFL corporation. This specific argument went to court saying that head trauma was never in the professional athlete's settlement. Hurley explains “That the settlement did not cover potential victims of a degenerative brain disease that scientists have linked to repeated blows to the head” (Hurley) Professional players are still not agreeing with the NFL and the rules about the concussions. There have been many professional football players who have brought up the argument of concussions with the NFL and they have not won. Despite that, the court argument with Siegel went in the professional athlete's way. Later on, Siegel announced that "Forty-five hundred players sued the league over concussion-related injuries" ("Concussion Dispute") These athletes that have brought this argument back up having thought this was unfair to them. Through the findings and the explanations about the NFL settlement with their athlete's there should be a change to their settlement to be in more favor of the athlete's life since it is at risk. With these risks at state there are many experts trying to fix these

People are beginning to blame the NFL and football leagues for their concussion. The NFL has been set afire over the past few years. Former players are beginning to sue the league because of concussions they have received throughout the years for playing. There are 4,500 ailing retirees who, in 2011, sued the NFL over a perceived negligence to warn them of the sports risks. In return that cost the National football league $765 million dollars. So, over the next 65 years, all retired NFL players can receive baseline medical exams, educational services and a payout formula based on illness and age. This lead a spark to college football players who in return have filed lawsuits against the NCAA (National College Athletic Association) for concussions they allegedly sustained as student players.

Many players will not follow the rules until they can relate to them. Someone will need to be brought in to talk to the players about what happens when they do not tackle correctly; serious injury can be caused to not only the player who is tackling, but also to the person that is getting tackled. The story of a football player named Inky Johnson helps describe the heartbreaking effects football injuries can have on players. Johnson’s mother gave birth to him when she was only fifteen years old. Johnson grew up in a poor home with eight other siblings, but he did not let that stop him from pursuing his dreams (Inky Johnson). Johnson, from a young age, told his older cousin that he wanted to play in the NFL. The two worked at it for years by running from light pole to light pole until a coach came to the street and signed the two up for organized sports. Johnson fought off injuries his whole high school career and received a scholarship to the University of Tennessee (Inky Johnson). Things were going well until it came to the third game of his junior year when he came up to hit someone and he blacked out and fell to the ground. Johnson´s teammates tried to get him to get up but he was unable to move. Johnson severely damaged his right arm, tearing all of his nerves (Inky Johnson). Now he lives with a paralyzed arm. This would be the end of Inky Johnson´s chase of his NFL dream on the football field. Kids do not think about this happening to them, they just play the game, but

Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was

PAR1 was playing in a local softball tournament. He stepped up to bat and hit a double. PAR1 rounded second base and pressed for third. As PAR1 was nearing third base he began to slide just when the short stop caught the ball Object 1(OBJ1, AFSAS Object 1) and rocketed to the third baseman. The ball thrown by the short stop flew low and hit PAR1 in the center of the back of his head. PAR1 fell forward but, made it to third base safely. PAR1 got to his feet and the next hit made it to home plate. The remainder of