Abstract
Alastair Eykyn - BT Sport Commentator commenting on the Pitch Side Concussion Assessment following the return of Florian Fritz to play having displayed clear signs of concussion prior to his removal for the purposes of an assessment on the 9th of May 2014.
Highlights
In August 2011 seven former NFL players brought class action litigation against the NFL in 9 respect of damage caused by long-term brain injury, sustained in the course of their careers. (Easterling et Al v National Football League, Inc) At the time of writing there are over 5,000 plaintiffs in the consolidated class action against the NFL. (In re: National Football League Players' Concussion Injury Litigation) The plaintiffs’ case is that the NFL was aware, or ought to have been aware, of the link between football related head trauma and degenerative brain conditions and failed to act appropriately or inform the players of the risk. (In re: National Football League Players' Concussion Injury Litigation)
The settlement further provides that the NFL parties must pay all legitimate claims for the 65 years. (In re: National Football League Players' Concussion Injury Litigation) The matter is still ongoing at the time of writing
Taylor’s family donated his brain to the Brain Bank of Boston University and the VA Boston Healthcare System, researchers involved in the diagnoses of CTE in NFL and soccer players. (Manly Daily, 2014) The first diagnosis of CTE in a rugby player in the UK and Ireland was confirmed in May 2014 when the Dublin City Coroner, Dr Brian Farrell, found that Lansdowne FC amateur player Kenny Nuzum died as a result of CTE. (Fanning, 2014) Nuzum died at the age of 57, having played rugby into his 50s and displayed signs of neurological deterioration in the six to seven years prior to his death
Summary
Rugby clubs in the UK and Ireland, have a responsibility, as far as is reasonably practicable, 13 to ensure the health and safety of their players. In Ireland the Safety, Health and Welfare at Work Act, 2005 set out the standard for workplaces This legislation sets out the duty of employers to ensure - so far as is reasonably practicable - 15 that their work systems protect the health, safety and welfare of all their employees.. In R v Davies [2002] All ER (D) 275, the Court of Appeal held that failure to conduct an 17 undertaking in such a manner imposes absolute criminal liability on an employer, subject to reasonably practicable measures to avoid such risks. In choosing to operate in a regulated sphere of activity they must be taken to have accepted the regulatory controls that go with it This regulatory regime imposes a continuing duty to ensure a state of affairs, a safety standard. Failure to prove the taking of such measures could result in conviction
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