“Concussion Liability Costs May Rise, and Not Just for N.F.L.”

by Walter Olson on December 13, 2012

As we were saying: “colleges, high schools and club teams may be forced to consider severe measures in the face of liability issues, like raising fees to offset higher premiums; capping potential damages; and requiring players to sign away their right to sue coaches and schools. Some schools and leagues may even shut down teams because the expense and legal risk are too high.” [New York Times, also describing a coverage battle between the NFL and its insurers]

{ 1 comment }

1 John David Galt 12.13.12 at 9:34 pm

It seems to me that this is the right result, and merely puts football in the same category as other hazardous work-for-pay: workers’ comp should cover all injuries. (And I regard students playing in return for a college scholarship as employees for that purpose, though I don’t know if any court has taken that view.)

The only consistent alternative view would be to assert that all employed persons “assume the risk” inherent in their jobs, and therefore that workers’ comp should not be required at all.

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