5 ms·

Land of the Free* But how is it possible to be sued if the participation to the league is on a voluntary basis and the injury comes from a tackle made by a mem

Land of the Free* But how is it possible to be sued if the participation to the league is on a voluntary basis and the injury comes from a tackle made by a member of the opposite team? Like Homer didn't sue mr. Burns when he was hit in the head by Shelbyville pitcher during the Nuclear Power Plants softball tournament.

bell-cot 3y ago
America's "book of laws" is extremely long and complex, and a great many American lawyers have grown quite wealthy by making as-long-and-complex-as-needed arguments about why the part[y|ies] with the deep pockets* [is|are] responsible. *https://en.wikipedia.org/wiki/Deep_pocket https://en.wikipedia.org/wiki/Deep_pocket
dragonwriter 3y ago
> But how is it possible to be sued if the participation to the league is on a voluntary basis and the injury comes from a tackle made by a member of the opposite team? Its possible for a mutually voluntary act to involve a duty of care, and its possible for that duty of care to contribute to damages even if the direct mechanism involves an act by someone other than the party, or their agent, with the duty of care. Heck, employment relations are legally voluntary themselves, and employers have been liable for all kinds of harms to their employees where the mechanism of injury involves someone who is neither the employer nor their agent, for failing to take steps that they reasonably should have to prevent them. > Like Homer didn't sue mr. Burns when he was hit in the head by Shelbyville pitcher during the Nuclear Power Plants softball tournament Principles of law inferred from the behavior of characters on The Simpsons are not significantly more likely than random guesses to be correct. (This rule generalizes to most fiction, really.)
- JumpinJack_Cash 3y ago
  America has 4 top notch professional leagues (NFL, NBA,NHL,MLB) Players are employees employed by teams which are organized as corporations, there are thousands of injuries per year. Why dont they sue their employer? What stops them from doing it?
  - dragonwriter 3y ago
    > Why dont they sue their employer? Because there is no controversy over liability for acute, easily attributable workplace injuries. Longer-term injuries less attributable to a specific single incident in professional sports have, of course, been the fuel of one of the most well-known lawsuits of recent decades: https://www.findlaw.com/injury/car-accidents/nfl-concussion-lawsuit-information.html https://www.findlaw.com/injury/car-accidents/nfl-concussion-...

bell-cot 3y ago

America's "book of laws" is extremely long and complex, and a great many American lawyers have grown quite wealthy by making as-long-and-complex-as-needed arguments about why the part[y|ies] with the deep pockets* [is|are] responsible. *https://en.wikipedia.org/wiki/Deep_pocket https://en.wikipedia.org/wiki/Deep_pocket

dragonwriter 3y ago

> But how is it possible to be sued if the participation to the league is on a voluntary basis and the injury comes from a tackle made by a member of the opposite team? Its possible for a mutually voluntary act to involve a duty of care, and its possible for that duty of care to contribute to damages even if the direct mechanism involves an act by someone other than the party, or their agent, with the duty of care. Heck, employment relations are legally voluntary themselves, and employers have been liable for all kinds of harms to their employees where the mechanism of injury involves someone who is neither the employer nor their agent, for failing to take steps that they reasonably should have to prevent them. > Like Homer didn't sue mr. Burns when he was hit in the head by Shelbyville pitcher during the Nuclear Power Plants softball tournament Principles of law inferred from the behavior of characters on The Simpsons are not significantly more likely than random guesses to be correct. (This rule generalizes to most fiction, really.)

JumpinJack_Cash 3y ago
America has 4 top notch professional leagues (NFL, NBA,NHL,MLB) Players are employees employed by teams which are organized as corporations, there are thousands of injuries per year. Why dont they sue their employer? What stops them from doing it?
- dragonwriter 3y ago
  > Why dont they sue their employer? Because there is no controversy over liability for acute, easily attributable workplace injuries. Longer-term injuries less attributable to a specific single incident in professional sports have, of course, been the fuel of one of the most well-known lawsuits of recent decades: https://www.findlaw.com/injury/car-accidents/nfl-concussion-lawsuit-information.html https://www.findlaw.com/injury/car-accidents/nfl-concussion-...