Monday, December 10, 2012

Concussion Liability Costs May Rise, and Not Just for N.F.L. - NYTimes.com

Paul Kitagaki Jr./The Sacramento Bee, via Associated Press
SF 49'er QB Smith sustained a concussion with this hit in November
The National Football League, its affiliates and teams faces a wide array of claims.  A good source on these is the Paul Anderson's NFL Concussion Litigation blog  See, for example, this recent post.  The NFL inserted itself into the issue about twenty years ago when they created the Mild Traumatic Brain Injury Committee, which, like the Tobacco Institute's scientists, produced reports not simply later rebutted but discredited.
The dispute with insurers includes the issue that plaintiffs seeking to break the workers cop exclusivity bar allege fraud and intentional injury - which are probably not insurable torts as a matter of public policy. - GWC

Concussion Liability Costs May Rise, and Not Just for N.F.L. - NYTimes.com
by Ken Belson

"As the N.F.L. confronts a raft of lawsuits brought by thousands of former players who accuse the league of hiding information about the dangers of concussions, a less visible battle that may have a greater effect is unfolding between the league and 32 of its current and former insurers."***
Regardless of how it is resolved, the dispute could hurt teams, leagues and schools at all levels if insurers raise premiums to compensate for the increased risk of lawsuits from players and their parents who play hockey, lacrosse and other contact sports.
The N.F.L., which generates about $9 billion a year, may be equipped to survive these legal challenges. But colleges, high schools and club teams may be forced to consider severe measures in the face of liability issues, from raising fees to offset higher premiums to capping potential damages to 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.


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