Darlington working out at WR

[RedDenver]

Perhaps I should explain further - while, yes, you can literally sue anyone for anything these days, my point was that I think the schools are pretty well-protected as of right now based on their own policies.

I did a quick Google search (literally 30 seconds) and found only one case of a former football player suing a school, and that is Bernard Hicks suing Cal in Aug. of 2015. Hicks claims the university didn't provide him accurate information regarding the long-term (and short-term) impacts of concussions. The following quote comes from The Daily Cal. http://www.dailycal.org/2015/08/12/former-uc-berkeley-football-player-sues-university-for-alleged-concussion-related-medical-malpractice/

Cal Sports Medicine’s current concussion management plan specifies protocol for coaches and health-care providers in the event of a concussion. According to the concussion management plan, all student-athletes are provided with written education material on concussions annually and must provide a signed acknowledgment of understanding its content.[/size]

So, this is kind of why I said my assumption is 'no.' I don't think the litigation would go very far in today's current climate surrounding concussions, at least at the division one level. Unless people can unequivocally prove they never once received concussion related information then the university will be protected - the burden is on the proof, of course.

Yep, any contract can be challenged in court. But since the health ramifications of playing football are fairly well documented, there would need to be some hardcore shenanigans on the part of Universities in those waivers for them to be found at fault. It's clearly a choice by the players to put themselves at risk. I'm not going to say it would never happen, but it's pretty much never going to happen. Especially if you're talking 1 former player vs a university or the NCAA, then I doubt the lawsuit results would be devastating, as you put it. Universities and the NCAA would throw millions of dollars at a legal defense, which I doubt and injured player could match. Class action suit might be another thing, but that gets into an area I know even less about.

The only way I could ever see this happening would be if said University's legal council was so inept that it drafted a terrible waiver. But I doubt that would be the case at any major university.

You guys are arguing that the university would win a lawsuit. I'm not saying they would or they wouldn't. I'm trying to say that the process of going through a lawsuit all the way to court would be bad for the university/NCAA. Much like the fail out of the Ed O'Bannon lawsuit led to things like the NW players trying to form a union, lots of media commentary on not paying players, etc.

 

[Enhance]

Perhaps I should explain further - while, yes, you can literally sue anyone for anything these days, my point was that I think the schools are pretty well-protected as of right now based on their own policies.

I did a quick Google search (literally 30 seconds) and found only one case of a former football player suing a school, and that is Bernard Hicks suing Cal in Aug. of 2015. Hicks claims the university didn't provide him accurate information regarding the long-term (and short-term) impacts of concussions. The following quote comes from The Daily Cal. http://www.dailycal.org/2015/08/12/former-uc-berkeley-football-player-sues-university-for-alleged-concussion-related-medical-malpractice/

Cal Sports Medicine’s current concussion management plan specifies protocol for coaches and health-care providers in the event of a concussion. According to the concussion management plan, all student-athletes are provided with written education material on concussions annually and must provide a signed acknowledgment of understanding its content.[/size]

So, this is kind of why I said my assumption is 'no.' I don't think the litigation would go very far in today's current climate surrounding concussions, at least at the division one level. Unless people can unequivocally prove they never once received concussion related information then the university will be protected - the burden is on the proof, of course.

Yep, any contract can be challenged in court. But since the health ramifications of playing football are fairly well documented, there would need to be some hardcore shenanigans on the part of Universities in those waivers for them to be found at fault. It's clearly a choice by the players to put themselves at risk. I'm not going to say it would never happen, but it's pretty much never going to happen. Especially if you're talking 1 former player vs a university or the NCAA, then I doubt the lawsuit results would be devastating, as you put it. Universities and the NCAA would throw millions of dollars at a legal defense, which I doubt and injured player could match. Class action suit might be another thing, but that gets into an area I know even less about.

The only way I could ever see this happening would be if said University's legal council was so inept that it drafted a terrible waiver. But I doubt that would be the case at any major university.

You guys are arguing that the university would win a lawsuit. I'm not saying they would or they wouldn't. I'm trying to say that the process of going through a lawsuit all the way to court would be bad for the university/NCAA. Much like the fail out of the Ed O'Bannon lawsuit led to things like the NW players trying to form a union, lots of media commentary on not paying players, etc.

Sorry, I should've also added that I understood what you were saying. I wasn't trying to be argumentative about it - just clarifying what I was saying.

I agree that the process of going through a lawsuit all the way to court would be bad for a university/NCAA. However, the initial point brought up by StPaulHusker is if universities could be held liable and I think that answer is no, so long as the universities are following prescribed guidelines from the NCAA and their own individual policies.

Going back to the Hicks case, that lawsuit was filed seven months ago and there hasn't been a peep since, at least one that I can find. As I'm sure you know, plenty of lawsuits get tossed out very early in the process and not always due to settlements. It can be thrown out or you can file a motion to withdraw. What I'm saying is more than just universities would likely win a lawsuit - I'm arguing that I don't think there would be a likely scenario leading to the ultimate decision of win or loss.

 

[drfish]

I would think that it is at the high school level where football would be most vulnerable to death by legal action. Individual districts, having much smaller pockets may become risk averse much more quickly. If the Friday night lights go off, can the Saturday light be far behind?

 

[swmohusker]

One thing that concerns me about him is if the university or athletic department can be held liable for anything that could happen to him if he were to sustain another concussion.

Just curious is all.

U have a good point. Hope we are okay on this rule.

 

[Hooked on Huskers]

I'm shocked Zack will change position. Last year in spring game, I nominated MVP. Oh well, I supposed spring game was practically worthless talent .... glorious practice.

You remember Johnny Stanton? WHO?

 

[Hooked on Huskers]

Watch out for Gerry in spring scrimmage. Zack meets Nate.

LOL