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Son of a Wing

10 former players sue NHL for concussions

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To respond to the first part of your argument, I agree. It is fact and situation specific. And the outcome of this lawsuit will determine where we draw the line concerning employer vs. employee responsibility.

To respond to the second part. Nobody is talking about separated shoulders, or eye injuries. I agree, those are inherent risks which come with the game. I don't think you can get those out of the game without fundamentally changing the way it's played. But you absolutely can get rid of MOST head trauma without changing the game. Why? Because fighting and hitting the head are already against the rules. Individuals ignore the rules when doing those things. Make the penalties so stiff that players no longer ignore the penalty, and the behavior will stop. Sure, accidental hits to the head and/or concussions resulting from the head hitting the boards or the head hitting the ice will still happen. Nobody is talking in absolutes here. But if those are the only means of getting head trauma, and they're accidental, then it's reasonable to say that they're accepted risks because accidents can't be avoided Fights and head hits are not accidental, they're intentional, and they're a violation of the rules. It's not unrealistic for players to think that they can play hockey without being punched in the face or hit in the head. Just like they can (and should) expect to play hockey without being slew footed, or given a B.C. two-hander.

The reason that I mentioned separated shoulders and eye injuries is because your post stated:

Most of us live in a country that can send a probe to Mars, clone a sheep, or harness nature to create energy, yet you act like it's unrealistic (and unreasonable) for hockey players to want to play the game they love AND be safe too.

Hockey players will never be able to play hockey (in any form that is a semblance to what it currently is) AND be safe too. The game is not safe, it is violent, risky, and dangerous. I understand that your chief complaint is hits to the head and fighting but the point I was trying to make is that your definition of an employer's responsibility:

If your employer doesn't do absolutely everything in their power to keep you safe on the job, they're liable to get sued.

and

Well unless you're a Roman Gladiator it's the responsibility of your employer to make sure you're safe at work. That's true of every job in the civilized world, and it's true of hockey.

There are many things that would completely alter the game of hockey but would be required if an employer must do "absolutely everything in their power to keep [player's] safe on the job" and if "it's the responsibility of your employer to make sure that you're safe at work."

The line between employer/employee responsibility and also an athlete's assumption of the risk (which even the term over simplifies it, the legal term is volenti no fit injuria which translates "to a willing person, injury is not done.") For example the illustration that most law schools use is a boxer consents and assumes the risk of the dangers of being punched repeatedly with a gloved fist but does not consent or assume the risk of being hit with a baseball bat. To boil that all down to it being the responsibility of the employer to make sure an employee is safe and that hockey players have a right to play the game they love and be safe ignores to a large degree the violence involved with the the sport/occupation even at the best of times. Whether the league knew and hid information or failed to make reasonable efforts to eliminate unreasonable hazards from the sport.

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@reporterchris: Rick Vaive wants to be removed from the class-action concussion lawsuit against the NHL. Says he misunderstood the nature of the proceeding.

@Real_ESPNLeBrun: Not sure if this is out there or not but Rick Vaive has pulled out of the lawsuit vs the NHL.

Edited by BottleOfSmoke

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I'm starting to get the impression that this lawsuit is going to go nowhere...

Based on...? One guy dropped out and 200 have joined. The only way the league gets out of paying is if it defeats the claim at trial. The only other possibilities are settlement or a victory for the plaintiffs. There is no way this suit gets dismissed.

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Does the NFL suit being blocked by a judge change this case or do you think this one will continue to roll on?

http://tv.yahoo.com/video/concussion-settlement-blocked-judge-questions-131346675-cbs.html

I think it will continue to roll on but seems like it could be easier to settle. This may be naivete or ignorance on my part but I don't think the NHL is in as bad of a position regarding concussions as the NFL.

The NFL has a long history or trying to suppress, deny, and mislead regarding what they knew about concussions. I'm sure it's been on the NHL's radar longer than I realize, but I don't think they have as damning of a track record. The NFL absolutely does not want this to go to court where all of that info will be revealed.

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@EricOnSportsLaw: Breaking news: NHL hit with second concussion lawsuit - https://t.co/eNfOFYa8FV

Edit: @Real_ESPNLeBrun: Not saying the lawsuit doesn't have merit, but having Gordie Howe as deceased in your lawsuit and misspelling Sidney Crosby's name bad start

@KatieStrangESPN: In just a cursory glance, also found MTL Canadiens spelled wrong and reference to Friday the 13th hockey mask as suggestive link to violence

Edited by BottleOfSmoke

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A second lawsuit has been filed; from Toronto Sun:

A group of nine former players may need a fact checker.

The group served the NHL with a class-action lawsuit Thursday accusing the league of exploiting its players and not doing enough to minimize head trauma that results in long-term health problems.

However, under a list of high-profile incidents to players who suffered head trauma and concussions over the years, the suit claims NHL legend Gordie Howe passed away five years ago.

"In 2009, Howe died from the neurogenerative disease known as 'Pick's disease.'"

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These are nothing more than money grabs and jokes. You choose to play a sport where you knowingly put your health at risk. It's a hell of a lot less dangerous than a lot of other professions, and they get paid millions of dollars to do it.

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Guest Playmaker

In this case, it may be because others aren't aware that the various symptoms they have been having could have been caused by the long term effects of concussions.

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