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    Satyr3206's Avatar
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    Concussions Lawsuit

    You're kidding me right? Who forced them to play?


  2. #2
    TiredofLosing20's Avatar
    TiredofLosing20 is offline Plus Member Since September 2009 All-Star Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation
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    Quote Originally Posted by Satyr3206 View Post
    You're kidding me right? Who forced them to play?
    The lawyers may have to chime in but, to me this lawsuit only makes sense if they can prove the NFL knew the impact of concussions, hid it from the players and then forced them to play with headaches. I just think its an uphill battle for them unless they have some smoking gun document.

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    Peter Angelos should jump all over this one. Ambulance chaser that he is.

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    Satyr3206's Avatar
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    Quote Originally Posted by TiredofLosing20 View Post
    The lawyers may have to chime in but, to me this lawsuit only makes sense if they can prove the NFL knew the impact of concussions, hid it from the players and then forced them to play with headaches. I just think its an uphill battle for them unless they have some smoking gun document.
    I would think that anyone that has played or watched football would know concussions happen. As for playing with pain, that's pretty common in the NFL. I'm just getting tired of people doing things they want to do, while knowing the risk, and coming back later filing lawsuits.

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    Skeletor's Avatar
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    I don't think it takes a genius to know concussions are bad. I also know that young people think they're invincible and will play despite the risks.

    I can see Congress getting involved here.

  6. #6
    Satyr3206's Avatar
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    Quote Originally Posted by Skeletor View Post
    I don't think it takes a genius to know concussions are bad. I also know that young people think they're invincible and will play despite the risks.

    I can see Congress getting involved here
    .
    They handled the steroid issue so well.

  7. #7
    Skeletor's Avatar
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    Quote Originally Posted by Satyr3206 View Post
    They handled the steroid issue so well.
    I didn't say they'd do a good job.

  8. #8
    Satyr3206's Avatar
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    Quote Originally Posted by Skeletor View Post
    I didn't say they'd do a good job.
    Isn't that the truth. It's also sad and funny at the same time.

  9. #9
    TiredofLosing20's Avatar
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    Quote Originally Posted by Satyr3206 View Post
    I would think that anyone that has played or watched football would know concussions happen. As for playing with pain, that's pretty common in the NFL. I'm just getting tired of people doing things they want to do, while knowing the risk, and coming back later filing lawsuits.
    I don't think the issue is that concussions happen. I think the issue is whether or not the NFL knew the potential long term affects of concussions. Then again, maybe whether the NFL knew or not is irrelevant.

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    I also believe they are going to have a hard time showing that playing in the NFL caused the issues they are having. A lot of these guys had numerous concussions prior to ever playing a down in the NFL, during their high school and college careers. Contributory neglgence will likely be argued by the NFL as well, depending on the jurisdiction, in that many of these guys never reported or under-reported their symptoms. I think the players have a very tough case to make and I doubt it ever sees the inside of a courtroom. The NFL with settle with these guys at some point.

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    Quote Originally Posted by TiredofLosing20 View Post
    I don't think the issue is that concussions happen. I think the issue is whether or not the NFL knew the potential long term affects of concussions. Then again, maybe whether the NFL knew or not is irrelevant.
    Its relevant to the assumption of risk analysis. A person can only assume a risk that is known. If the players truely didn't understand the risk and the NFL knew about it, then the NFL had a duty to warn them.

  12. #12
    flashjordnk is offline Plus Member Since June 2010 All-Star Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation
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    Quote Originally Posted by NickPopagiorgio View Post
    Its relevant to the assumption of risk analysis. A person can only assume a risk that is known. If the players truely didn't understand the risk and the NFL knew about it, then the NFL had a duty to warn them.
    So the burden is on the players to show that the NFL knew MORE about concussions than the NFLPA essentially. If the NFL can show the players association knew as much as they did, that should seem to do the trick.

    More importantly to me, what kind of liability waiver did the NFLPA and NFL also sign together through the various CBA's. I'm sure there is some kind of protective language in that agreement that the NFL will also use to their defense.

    The concussions are sad, the media impact is pretty substantial, but I wonder if the players really stand a chance here.

  13. #13
    TiredofLosing20's Avatar
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    Quote Originally Posted by NickPopagiorgio View Post
    Its relevant to the assumption of risk analysis. A person can only assume a risk that is known. If the players truely didn't understand the risk and the NFL knew about it, then the NFL had a duty to warn them.
    This makes sense to me and would be my assumption. I think it is somewhat safe to assume players didn't understand the risk, tho, I wonder how many would have not played had they known the risk, I don't know if the NFL knew about it. If your statement is true, wouldn't it basically mean that the players believe (and had some proof) that the NFL has known about the risks?

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    Flosman is offline Plus Member since 2004 All-Star Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation Reputation
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    Quote Originally Posted by TiredofLosing20 View Post
    This makes sense to me and would be my assumption. I think it is somewhat safe to assume players didn't understand the risk, tho, I wonder how many would have not played had they known the risk, I don't know if the NFL knew about it. If your statement is true, wouldn't it basically mean that the players believe (and had some proof) that the NFL has known about the risks?
    I think less than 1% and a lot less than 1%. By the time you get to the NFL you now that it is a mean game and the game does not love you back. Every college player knows life altering damage can happen on any play. We all knew guys that it happened to and virtually every one of us would have given anything to play at the only level more dangerous than the one we were playing at. How many guys in the current draft class are going to decide to save themselves and go directly into a life insurance career? I say probably none. That gives you your answer. The players knew, I knew 30 years ago the only thing that this will do is attack the game.

  15. #15
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    Quote Originally Posted by Flosman View Post
    How many guys in the current draft class are going to decide to save themselves and go directly into a life insurance career? I say probably none. That gives you your answer. The players knew, I knew 30 years ago the only thing that this will do is attack the game.
    Good point, I hadn't thought about it this way. The guys going into the NFL now, can not say they don't know the risks of concussions, yet as you say it appears none have decided it's not for them. I can't imagine the players from 30 years ago would have made a different decision given the same info the players know now.

    That said, I do think the NFL has exposure if they somehow knew empirically back then the impact of concussions and didn't take action. I think that doubtful at best as I can't imagine that the NFL could know it and not the general medical community. The whole thing just seems more and more as I think about it as a money grab.

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