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Thursday, February 26, 2015

Grow: Imagining an MLB concussion lawsuit | SABR


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Get used to the term "guardian of player safety". It could be coming to a courtroom near you and will include MLB and more importantly youth sports leagues according to the article.  Between lawyers and insurance companies, nothing brings fundamental change to a sports landscape quicker than a major court decision.

Something to keep an eye on. One thing is for sure, it will not drive the cost to participate or attend any of the sports down.

from SABR.org
Grow: Imagining an MLB concussion lawsuit | SABR:
Grow: Imagining an MLB concussion lawsuit
From SABR member Nathaniel Grow at FanGraphs on February 18, 2015:
You may have heard that football is in the midst of a bit of a concussion crisis. Not only is the National Football League facing a number of concussion-related lawsuits, but suits have been filed at the collegiate, high school, and Pop Warner levels as well. Meanwhile, both professional hockey and soccer are also facing their own concussion litigation.
Like football, hockey, and soccer, baseball is also – at times – a contact sport, and baseball players occasionally suffer concussions. In 2013, for instance, former outfielder Ryan Freel became the first professional baseball player to be diagnosed with chronic traumatic encephalopathy (CTE) – the brain disease often associated with professional football players – following a career during which he reportedly suffered nine or ten concussions.
So it is reasonable to ask whether Major League Baseball could be the next league to face a concussion-related lawsuit, and if so, how such a case would compare to those in the other sports?
Read the full article here:
http://www.fangraphs.com/blogs/imagining-an-mlb-concussion-lawsuit/

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First, a bit of legal background. The pending lawsuits against the NFL and National Hockey League are based on the idea that both leagues voluntarily assumed the role of “guardian of player safety,” and therefore owed their players a legal duty of care. This duty of care, the lawsuits assert, required the leagues to not only take reasonable precautions to protect their players from injury, but also required them to inform their players of any known dangers related to their sport.

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