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Old 01-29-2014, 09:10 AM   #9
molson
General Manager
 
Join Date: Oct 2002
Location: The Mountains
And as to the merits of this, the NFL recently settled a concussion lawsuit that covered thousands of players, many decades, and a huge track record of completely ignoring - possibly even being deliberately - evidence about concussions, and pressuring players into putting themselves at risk while being aware of the risk....they settled that case for $765 million, which is a drop in the bucket for them (the judge didn't accept the number and there may still be negotiations, but it's certainly not going to be anything that ends the NFL). Now, the NFL addresses this issue at every turn, despite massive criticism from much of its fanbase (who turn out in record numbers to watch the product every year anyway). They will somehow make it. If that darn crown of the helmet rule for running backs didn't wipe them out as was predicted here, they can manage.

From a legal standpoint, the NFL is not legally responsible for every harm that its players endure. There has to be a showing of negligence. That's going to be harder and harder to show as the NFL continues to tweak its rules, and more importantly, make players aware of the danger. Harmful activities are not inherently illegal if there's consent to the risk and no negligence.

Guys, lawsuits didn't even kill the TOBACCO industry, or even the huge companies in it that lied about what they knew for decades, possibly causing the deaths of hundreds of thousands or more. It just doesn't work like that in America. You can sell a product, or employ someone to a job that will literally kill them as long as there's no negligence in how its presented and executed. I assume Jahvid Best is having financial problems and he's trying to make a quick buck (which could backfire if he ends up on the hook for NFL's attorney fees). But let's say he has a point about the helmets. That the helmet makers misrepresented something, could have made their helmets safer, but chose not to, and lied about it. That doesn't mean the end of the NFL, it means that the players get better helmets. And a more detailed warning on the side. For all that we're criticized for our "litigious society", that's the upside to it, we live in a safer, risk-aware (though not necessarily risk-free) word because of this thread of litigation. That threat has made football safer too. Bad news for those who get off on people getting their heads bashed in, but good news for society.

Last edited by molson : 01-29-2014 at 09:31 AM.
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