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Quote: SomersetSaint "I think the Wane video may well end up getting Flower off the hook. The way that he sent out his players, means that the vicarious liability lies firmly with the club, and not the individual players, who were only doing what the club encouraged them to do.'"


You may well think that. However, throwing around terms such as vicarious liabilitry won't save your post from being anything other than mere opinion that is quite nonsensical in legal (or indeed any) terms.

By the way, in my opinion; based on some actual, though by no means expert (in this context); legal knowledge; Lance won't be getting anywhere near court against anyone - indeed I don't think he has any intention of doing so - which no doubt will be a disappointment to all the popcorn crunchers desperately trying to illustrate how it would be a fait accompli.

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I'm rather puzzled by Saints fans logic here. Repetitive injury doesn't lead to concussive injury in the same way. Effects, by LH own statement happened after he started playing again, thus theres a causality linkage being made purely on correlation. Where is the evidence to support this link?

Also, the NFL, Boxing and Football where the same injury exists haven't been sued into nothingness.

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The FoI Act applies only to public authorities defined in the Act; sports clubs and the RFL are not public authorities, so the Act does not apply.

The DPA does very much apply, however. Assuming the performance data are not anonymised each player has the right to access his own data through making a subject access request and then to do with those data what he will. The clubs have no way to prevent such access within the law, so any player minded to analyse his data to see if a case can be made can do just that.

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Quote: SomersetSaint "I think the Wane video may well end up getting Flower off the hook. The way that he sent out his players, means that the vicarious liability lies firmly with the club, and not the individual players, who were only doing what the club encouraged them to do.'"


I don't see that. Unless Wane or the Wigan club has specifically instructed him to carry out an on-field assault with intention it's going to be very hard for the club to be held liable i.e. telling players to be aggressive is within the rules of the game. If a player breaks that rule there may be repercussions for the club under RL rules but under civil or criminal law? I don't think there's much to go on without a direct instruction as evidence e.g. if a fight breaks out and somebody is killed in a melee I doubt a club would be held financially responsible for any compensation to the deceased's family.

Quote: SomersetSaint "Also, the NFL, Boxing and Football where the same injury exists haven't been sued into nothingness.'"


Well, the NFL case is still in process so you can't say anything with conviction about what will happen there, although I suspect it will result in a big settlement rather than go to court. As for boxing, it's completely different. It is an accepted term and condition of the sport that being hit unconscious is a likely outcome for participants. Whilst that is partly true with RL, the sport has rules and regulations to prevent such attacks (intentional or not). The sport has to show a duty of care if it becomes aware of danger resulting from play (intentional or not). What that means for long-term accumulations of concussions I don't know but it is clearly different to boxing i.e. whilst there is a risk of concussion in RL it is not an accepted outcome of the normal process of playing the game.

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Quote: SomersetSaint "I think the Wane video may well end up getting Flower off the hook. The way that he sent out his players, means that the vicarious liability lies firmly with the club, and not the individual players, who were only doing what the club encouraged them to do.'"


I think it goes back a lot further than that, Wigan always seem to attract the "dark side"of the game to tip them over the line, if you remember Wigan signed the prop Smith knowing that he could,t get a gig in NRL because of his knees in the shoulder technique which resulted in lots of suspensions. So he pops over to the Wigan camp and sure enough puts young Stankevitch out of the game. They had a barren period in Superleague so up pops an Oz coach with a nasty side of tackling techniques to cause injury and took delight in putting up "car crash" pictures in the corridor of the training ground.
Then we have Wane with his anti anger management style which has most probably again contributed to a player having to retire from the game. The club encourage the "thugby" style, fortunately most clubs have not followed this philosophy to the same detail.

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I think the terms we are looking for to describe Wigan are "The classlessness of desperation". That's what happened in the Grand Final.

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Quote: goobervision "I'm rather puzzled by Saints fans logic here. Repetitive injury doesn't lead to concussive injury in the same way. Effects, by LH own statement happened after he started playing again, thus theres a causality linkage being made purely on correlation. Where is the evidence to support this link?

Also, the NFL, Boxing and Football where the same injury exists haven't been sued into nothingness.'"


All these sports are aware of this problem to some lesser of greater degree and have repeatedly blocked, hampered, stalled further investigation and litigation.

However, the NFL is a special case in that solid post-mortem data has found a "back door" through the NFL information firewall and into the hands of scientists. From this data it has been possible to establish a clear and unequivocal link between practicing the sport and brain injury.

As things stand the NFL - as we know it - is seriously threatened by a wave of class action lawsuits the costs of which are dizzying.

Moreover, even though similarly comprehensive data isn't available in relation to football and boxing it is now no longer possible for both to continue stonewalling official investigations indefinitely. One only need think of fighters such as Ali and Evander Holyfield to know boxing - AS WE KNOW IT - is living on borrowed time. Insofar as football is concerned, there have already been small-scale studies linking heading the ball repeatedly to brain damage. FIFA can only play the role of King Canute for so long.

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Quote: Mugwump "All these sports are aware of this problem to some lesser of greater degree and have repeatedly blocked, hampered, stalled further investigation and litigation.

Insofar as football is concerned, there have already been small-scale studies linking heading the ball repeatedly to brain damage. FIFA can only play the role of King Canute for so long.'"


I think football is very insignificant compared to "proper contact" sports, competing with a high ball perhaps. Think we can all remember the old rain sodden laced leather ball, now that was a concern when your neck went numb when the technique was wrong.

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Quote: Judder Man "I think football is very insignificant compared to "proper contact" sports, competing with a high ball perhaps. Think we can all remember the old rain sodden laced leather ball, now that was a concern when your neck went numb when the technique was wrong.'"


Again - the NFL studies show it's less an issue of force than FREQUENCY.

Given the number of headers a footballer makes in his career I suspect this could be a massive issue.

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All you have to do is look at the collisions of either sport and it doesn't take a genius to work out that the speed and force of the collisions will have some sort of effect. It's not like the nfl are hiding this fact from the players, they choose to play the game knowing the force of collisions.

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Don't mix up the normal collisions that go with the game, with a single act of thuggishness that ends a players career. This is a very different case

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Danny Jones: Concussion first suspected before he collapsed

www.bbc.co.uk/sport/0/rugby-league/32584463
Danny Jones: Concussion first suspected before he collapsed

www.bbc.co.uk/sport/0/rugby-league/32584463


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Quote: i hate pies "All you have to do is look at the collisions of either sport and it doesn't take a genius to work out that the speed and force of the collisions will have some sort of effect. It's not like the nfl are hiding this fact from the players, they choose to play the game knowing the force of collisions.'"


Actually, it IS like the NFL is hiding this fact.

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Outside the US though I think a court is likely to take into account the generally physical nature of a sport in terms of assessing risk (outside the US I think this would end up in court - in the US the main aim of the claimants will probably be an out of court settlement). An RL player - just like a boxer - could not sensibly claim that they thought they were playing a sport that had no potentially serious physical risks associated with it. I can't imagine a UK court not taking that into serious account.

I think all the RFL/NRL have to do is what they have - stop the OTT stuff (particularly shoulder charges) and crack down on players with concussion returning to play. The problem with the shoulder charge in RL was that head shots were positively encouraged - no penalty, no suspension and even heaps of praise for hits which clearly hit opponents in the head.

BTW I think boxing isn't threatened at all. There's simply too much money at the top end for it to stop.

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Quote: BrisbaneRhino "Outside the US though I think a court is likely to take into account the generally physical nature of a sport in terms of assessing risk (outside the US I think this would end up in court - in the US the main aim of the claimants will probably be an out of court settlement). An RL player - just like a boxer - could not sensibly claim that they thought they were playing a sport that had no potentially serious physical risks associated with it. I can't imagine a UK court not taking that into serious account.'"


It'll certainly get to the US courts. And the NFL will likely be forced to concede in spades. At that point the starting pistol is fired. You'd think the British legal system would be an impermeable membrane to such claims (what this suggests about the merits of the British legal system is another question entirely). I equate the ever-expanding scope of liability claims to rain falling on a house. Even though quality of materials and methods of construction ostensibly preclude even the possibility of water getting inside, good ol' H20 will patiently go about its business of testing each and every seal in a dogged war of attrition until one of them fails. It could be tomorrow. It could be in twenty years. Eventually a gutter becomes blocked with leaves, a torrent of water gushes onto the second floor brickwork and three weeks later you've got damp in the bedroom.

Quote: BrisbaneRhino "I think all the RFL/NRL have to do is what they have - stop the OTT stuff (particularly shoulder charges) and crack down on players with concussion returning to play. The problem with the shoulder charge in RL was that head shots were positively encouraged - no penalty, no suspension and even heaps of praise for hits which clearly hit opponents in the head.'"


I don't think that will be enough. Remember, one of the most shocking results of these studies is that tests carried out on kids found that a frightening number showed early symptoms of brain damage. These weren't the result of vicious head shots but rather an accumulation of thousands of small bangs and knocks picked up in everyday rough-and-tumble. Worse still - given that nearly 98% of players tested in one study manifested symptoms you can't really fall back on the "bad luck" argument. It's a near certainty that playing NFL will give you brain damage of some description. That's a very tough position to defend.

Quote: BrisbaneRhino "BTW I think boxing isn't threatened at all. There's simply too much money at the top end for it to stop.'"


Don't let the silly money thrown at that joke of a fight between Mayweather and Pacquiao fool you. Boxing through wholesale corruption and criminal mismanagement is practically on its knees as a professional sport and of all those listed it is undoubtedly in the weakest position to survive intact from any kind of legal challenge.

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