Certainly, the agreement between the NFL and former players in the 4500 folder on concussions has had an impact in the world of sports. Yesterday, 10 former NHL players filed in federal court in Washington a lawsuit to that effect. Essentially, what we reproach the NHL or rather she knew she should have known the adverse effects of concussions on its players and it deliberately concealed this information.
As part of this class action, the plaintiffs argue that the NHL has contributed to the increase in concussions on the ice by refusing and / or neglecting to report the true risks associated when they are incurred repeatedly . In this case, the plaintiffs pretext that the NHL refused to address this issue, despite a growing number of medical studies linking concussions and subsequent brain damage.
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Although a player must pay to practice his sport knowingly, it is important to understand that this lawsuit it is ultimately based on the deliberate omission of the NHL informed about the harmful effects of concussions . In fact, what the plaintiffs allege is that many of these injuries could have been avoided if the NHL had provided information proven and would take appropriate preventive measures. Do not forget that the NHL during the 2011-2012 season has amended the regulation to prohibit the 48 blows to the head and, with the ultimate aim to reduce the number of concussions. However, it appears that this number has increased since 2011, which is a strong argument for ex-players.
That said, the NHL could raise under the terms of the collective agreement, the issues relating to health and safety must be heard by arbitration and not the courts of common law. Also, it could be argued that brain injuries suffered by players can be associated with past injuries to their entry into the NHL. No doubt the league will focus on the fact that there is no scientific certainty about the existence of a link between concussions and brain damage. Although the damage players are very tangible, it remains only to establish the responsibility of the NHL, it will show a fault on his part. However, linking the damage to the conduct alleged is not in itself sufficient, because there must be a causal link between the fault and the damage. To do this, it must be shown that the brain injuries suffered by players were caused during their career in the NHL. As the athlete played hockey before joining the NHL, it can be difficult to pinpoint the exact cause of the injury. However, the safety requirement NHL is intimately linked to its obligation to educate on the dangers inherent in hockey and preventive techniques hazards. Insofar as it demonstrates that it has met its obligations and that studies to this effect have been unveiled, the NHL can avoid liability.
Anyway, it is a very technical issue that requires scientific evidence as such here. Continue is easy, but it is not as easy to win. Holding a trial creates many costs and delays. This is a complex issue at the evidence and the court will call whether it is more likely than not. Obviously, this lawsuit NHL launches debate on same side of the UFC, boxing, baseball and basketball which, too, are not immune to concussions in athletes. Certainly, the agreement in the NFL now splashing the NHL, but it's only a matter of time before she splashes of other sports.