Injury Litigation

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JoondalupJ

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Oct 9, 2006
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Any comments on this subject?
Read an article today regarding the affect on kids playing footy, that the fear of legal action from former players could
really create a ruining change, of the sport at the junior level, with super non contact sport promotion.It'll poison the senior game.

My prediction is contact in 15 to 20 years AFL seniors, will almost be gone and the game will be so different as to have it lose its
Australian rules uniqueness.

So what do people thinkabout senior and reserve standard footballers are guaranteed a life time insurance cover for long term injuries
or later in life serious health issues, and head problems, no litigation needed, ever.
Also players sign on for the top level chance and pay if they make the grade to reserve or AFL standard football.
That signing says I am willing to take the risk to play the game as we know it, its nearly chaged too much already,
with fear of litigation hanging over the AFL, and shown up when players give away free kicks because they barely
touched the shoulder above some percieved danger height of an opponent?

Simple to the people who disagree, is , if a footballer is not prepared, DON'T PLAY THE GAME AT ALL.

I am curious to what will be answered on this, all football at that level is dangerous why do we destroy the game by over umpiring
to the detriment of the viewing public who see free for fingertips, really?? It is in the death throes AFL footballits rules and fears are
murdering it. Sling tackles a much different thing, they could Kill a bloke.
 

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Slartibartfast said:
Think it odd that you feel the game is of greater importance than any individuals health or well being.
You’re living in the past.
Health and safety is not an option and the game will adapt accordingly.
Click to expand...

Personal responsibility plays a part at some point. Scared of the consequences? Don't partake.

Should there be things in place to ensure players who suffer life altering injuries are covered to a point? Absolutely. But it shouldn't evolve to the reality where every fundamental rule of the sport is changed.
 
Blackhawk42 said:
Personal responsibility plays a part at some point. Scared of the consequences? Don't partake.

Should there be things in place to ensure players who suffer life altering injuries are covered to a point? Absolutely. But it shouldn't evolve to the reality where every fundamental rule of the sport is changed.
Click to expand...
The football field is a workplace, and Australian employers have a legal obligation to protect their employees from harm as much as is practicable. I presume you expect the same of your employer.

Nobody is stating every rule should be changed.
 
evolved2 said:
The football field is a workplace, and Australian employers have a legal obligation to protect their employees from harm as much as is practicable. I presume you expect the same of your employer.

Nobody is stating every rule should be changed.
Click to expand...

But it needs to be asked where the line gets drawn then.

Is it as simple as ensuring players have life long insurance?

Or are we expecting rules to be changed to limit the possibility of head injuries occuring?

Whenever this topic comes up you get people on both sides arguing their points without answering those questions.
 
Blackhawk42 said:
But it needs to be asked where the line gets drawn then.

Is it as simple as ensuring players have life long insurance?

Or are we expecting rules to be changed to limit the possibility of head injuries occuring?

Whenever this topic comes up you get people on both sides arguing their points without answering those questions.
Click to expand...
Rules have already been changed to mitigate the potential for damage. I see the bump disappearing altogether at some stage.

At the end of the day, football is just a game. Nobody wants to see people take on life long health issues like those Greg Williams deals with just for doing their job.

If I had health issues as a result of my job when my employer had the ability to introduce measures to limit the risk, I'd be looking to sue my employer too. If players carry long term injuries despite the AFL doing all they can to mitigate risk, I'd say that's the risk they take on as part of the job.
 
Slartibartfast said:
Think it odd that you feel the game is of greater importance than any individuals health or well being.
You’re living in the past.
Health and safety is not an option and the game will adapt accordingly.
Click to expand...
If your health & well-being is your main priority then don't play rough games or any contact sport

Simple.

No boxing. No mixed martial arts
No gridiron, rugby, ice hockey or Aussie Rules.

Definitely no motor sports... No car racing, or motorbike racing, no motocross. No drag racing.

Don't get a job as a stunt man or a rodeo clown. Don't be a jockey. That can REALLY hurt when you have a fall.

Don't join the army, especially when there is a war. That can also be detrimental to your health.



There is an inherent risk of being concussed while playing footy which cannot be legislated against
Accidents happen. Collisions occur. There isn't anything anyone can do about it.
Everyone knows this before they step into the field. They play anyway.


We now know that repeated concussions can also have long-term detrimental effect on the brain.
Everyone knows this before they step into the field. They play anyway.

But if all of this is too much for you.. If it's too worrisome. Then take some god damn personal responsibility and don't step onto the footy field.
Choose another sport... Tennis... Golf... Triathlon... Volleyball... Social netball... Synchronised swimming... Ping Pong

There are many many options. Too many to list them all..

Nobody is forcing anyone to play football..

CHOOSE to play our great game, or choose not to...

It's all a personal choice.
 
Back One Out said:
If your health & well-being is your main priority then don't play rough games or any contact sport

Simple.

No boxing. No mixed martial arts
No gridiron, rugby, ice hockey or Aussie Rules.

Definitely no motor sports... No car racing, or motorbike racing, no motocross. No drag racing.

Don't get a job as a stunt man or a rodeo clown. Don't be a jockey. That can REALLY hurt when you have a fall.

Don't join the army, especially when there is a war. That can also be detrimental to your health.



There is an inherent risk of being concussed while playing footy which cannot be legislated against
Accidents happen. Collisions occur. There isn't anything anyone can do about it.
Everyone knows this before they step into the field. They play anyway.


We now know that repeated concussions can also have long-term detrimental effect on the brain.
Everyone knows this before they step into the field. They play anyway.

But if all of this is too much for you.. If it's too worrisome. Then take some god damn personal responsibility and don't step onto the footy field.
Choose another sport... Tennis... Golf... Triathlon... Volleyball... Social netball... Synchronised swimming... Ping Pong

There are many many options. Too many to list them all..

Nobody is forcing anyone to play football..

CHOOSE to play our great game, or choose not to...

It's all a personal choice.
Click to expand...


All of this.
 
Getting tired of reading hot takes by try-hard macho men on this subject. The LITIGATION is about what the AFL knew about the risks of head injuries and what they told the players.

Voluntary assumption of risk is what the macho mob are going on about in these threads. That is valid, but not if material information about those risks was withheld.
 

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JoondalupJ said:
Any comments on this subject?
Read an article today regarding the affect on kids playing footy, that the fear of legal action from former players could
really create a ruining change, of the sport at the junior level, with super non contact sport promotion.It'll poison the senior game.

My prediction is contact in 15 to 20 years AFL seniors, will almost be gone and the game will be so different as to have it lose its
Australian rules uniqueness.

So what do people thinkabout senior and reserve standard footballers are guaranteed a life time insurance cover for long term injuries
or later in life serious health issues, and head problems, no litigation needed, ever.
Also players sign on for the top level chance and pay if they make the grade to reserve or AFL standard football.
That signing says I am willing to take the risk to play the game as we know it, its nearly chaged too much already,
with fear of litigation hanging over the AFL, and shown up when players give away free kicks because they barely
touched the shoulder above some percieved danger height of an opponent?

Simple to the people who disagree, is , if a footballer is not prepared, DON'T PLAY THE GAME AT ALL.

I am curious to what will be answered on this, all football at that level is dangerous why do we destroy the game by over umpiring
to the detriment of the viewing public who see free for fingertips, really?? It is in the death throes AFL footballits rules and fears are
murdering it. Sling tackles a much different thing, they could Kill a bloke.
Click to expand...

it is a simple issue, either:

1) football changes its game to align with modern work place standards and work place law. Specifically I refer to criminal negligence.

or

2) Repeal work place safety laws and allow bosses to get away with death and serious injury



employees CAN NOT sign away their criminal rights
 
AFL is a very boring game without physicality. I still remember the last state of origin style match 10 years ago Vuctoria vs All Stars or whatever it was, all the players were trying not to get injured and it was awful, for good reason it was the last ever match like that

AFL without the tackling is like basketball on a 150m court or an extremely complicated version of soccer the game won't survive so there will be no money for the players
 
Back One Out said:
If your health & well-being is your main priority then don't play rough games or any contact sport

Simple.

No boxing. No mixed martial arts
No gridiron, rugby, ice hockey or Aussie Rules.

Definitely no motor sports... No car racing, or motorbike racing, no motocross. No drag racing.

Don't get a job as a stunt man or a rodeo clown. Don't be a jockey. That can REALLY hurt when you have a fall.

Don't join the army, especially when there is a war. That can also be detrimental to your health.



There is an inherent risk of being concussed while playing footy which cannot be legislated against
Accidents happen. Collisions occur. There isn't anything anyone can do about it.
Everyone knows this before they step into the field. They play anyway.


We now know that repeated concussions can also have long-term detrimental effect on the brain.
Everyone knows this before they step into the field. They play anyway.

But if all of this is too much for you.. If it's too worrisome. Then take some god damn personal responsibility and don't step onto the footy field.
Choose another sport... Tennis... Golf... Triathlon... Volleyball... Social netball... Synchronised swimming... Ping Pong

There are many many options. Too many to list them all..

Nobody is forcing anyone to play football..

CHOOSE to play our great game, or choose not to...

It's all a personal choice.
Click to expand...

it isn't as black and white as this as the criminal process has a decision tree pathway

1) identify the risks
2) identify the existing processes and controls to mitigate risk
3) calculate the outstanding risks (low medium & high)
4) implement processes
5) monitor the processes to ensure they are being adhered to and working

if death or serious injury occurs, then the decision tree is investigated under criminal law. Note, no insurance policy will cover this, as it is criminal not civil.

This means all these sports and occupations will change but the extent is determined by promoters decision to absorb risk. "How many years am I prepared to stay in jail, away from my family and not being able to be a director for a decade or more.........for a few bucks". Some will do it, but many will not.
 
BigPond101 said:
AFL is a very boring game without physicality. I still remember the last state of origin style match 10 years ago Vuctoria vs All Stars or whatever it was, all the players were trying not to get injured and it was awful, for good reason it was the last ever match like that

AFL without the tackling is like basketball on a 150m court or an extremely complicated version of soccer the game won't survive so there will be no money for the players
Click to expand...

The game has already lost it's soul and I see a more boring direction ahead
 
Blackhawk42 said:
Personal responsibility plays a part at some point. Scared of the consequences? Don't partake.

Should there be things in place to ensure players who suffer life altering injuries are covered to a point? Absolutely. But it shouldn't evolve to the reality where every fundamental rule of the sport is changed.
Click to expand...

"but it shouldn't evolve to the reality where every fundamental rule of the sport is changed"

What a great comment and exactly what is happening now and exactly what's made me whinge about umpiring and petty touching frees that change the game!
Well worse ??? Sometimes those frees change a win to a loss?
And those who know me on here, will know the length of time I have been a pain in the neck, whining about the umpiring and the rule fiddling and graying,
of rules.
Isn't it time that people started to realise, that our game is being turned from contact (therefore contest) into a whole different thing, and fear of legal action is what drives it.
Now surely a professional sport that pay $millions to set up a dilution of player pool, by an addition to the comp numbers, yet they haven't got the nous to get legally protected and give those pro footballers the right to play Aussie Rules as it is meant.

Some free kick reasons are fine even though confusing , but they always have been slightly that way
It is not those!
Those types of actions like the break a leg dive at the ball, or what I call a cowardly way tackle to hurt someone with a sling tackle arms held , no protection. That stuff is normal. Ifind that the petty stuff is a danger to contest, worse its a chance for inappropriate things going on.
I 've said that before, its not the average punter its another element in society and gaming, that pose a threat with gray rules

Already exposed last Brownlow Medal night.
 
BigPond101 said:
AFL is a very boring game without physicality. I still remember the last state of origin style match 10 years ago Vuctoria vs All Stars or whatever it was, all the players were trying not to get injured and it was awful, for good reason it was the last ever match like that

AFL without the tackling is like basketball on a 150m court or an extremely complicated version of soccer the game won't survive so there will be no money for the players
Click to expand...
AFLX was also an example of how boring footy can be without physicality.
 
evolved2 said:
The football field is a workplace, and Australian employers have a legal obligation to protect their employees from harm as much as is practicable. I presume you expect the same of your employer.

Nobody is stating every rule should be changed.
Click to expand...
But how safe does a football field have to be?

I mean, you can actually lose a kidney from a legal and encouraged act.

Blokes have lost half their testicles, lost kidneys, ruptured spleens, punctured their lungs and been knocked out cold from perfectly legal acts.

If we do really believe this 'safe workplace' stuff, where is the line?
 
Lots of strong opinions from people who don’t know what they’re talking about.

You can’t “take personal responsibility” if the game’s administrators are hiding the risks from you. That’s what this is all about.
 

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