Former Rooster Sues Club Over Concussion

[JAF]

A tough situation - definitely no winners here ...

[Old Man Rooster]

A tough situation - definitely no winners here ...

I was about to write more or less the same thing. I feel for ex-players who are suffering but this issue has the potential to destroy the sport financially.

[Paddo Colt 61]

In Negligence actions the plaintiff (Higgins) needs to show (1 )a Duty of Care (that's clear here, the head injuries were reasonably foreseeable), (2 )Breach of the duty (3)Cause - that the breach caused the injury and (4) Damage ( here that would be physical and financial). There might be some question over whether the club breeched its duty though evidence of acting contrary to medical advice at the time certainly goes to that. Cause is another thing. The plaintiff needs to show cause and reasonable proximity (ie that the one concussion years ago is the cause of his present condition).
There is a Latin phrase in Negligence, Res Ipsa Loquitur, which means that the cause speaks for itself and that allows plaintiffs to use circumstantial evidence rather than direct evidence. However, evidence of his subsequent further concussions might discount the use of "Res".
Unfortunately, (for Mr. Higgins) I think that he has the job ahead of him but should he win and recover damages for personal injury and financial (past, present and future) the result will be that insurance cover goes up.

[zac]

In Negligence actions the plaintiff (Higgins) needs to show (1 )a Duty of Care (that's clear here, the head injuries were reasonably foreseeable), (2 )Breach of the duty (3)Cause - that the breach caused the injury and (4) Damage ( here that would be physical and financial). There might be some question over whether the club breeched its duty though evidence of acting contrary to medical advice at the time certainly goes to that. Cause is another thing. The plaintiff needs to show cause and reasonable proximity (ie that the one concussion years ago is the cause of his present condition).
There is a Latin phrase in Negligence, Res Ipsa Loquitur, which means that the cause speaks for itself and that allows plaintiffs to use circumstantial evidence rather than direct evidence. However, evidence of his subsequent further concussions might discount the use of "Res".
Unfortunately, (for Mr. Higgins) I think that he has the job ahead of him but should he win and recover damages for personal injury and financial (past, present and future) the result will be that insurance cover goes up.

Were the long term effects of the head injuries reasonably foreseeable? I thought we're only just starting to understand the dangers (but I'm not an expert). And do you think the player might have contributed? It's a contact sport and he chose to play it.

[Snapn1]

If u fight in boxing be prepared to have concussion! If u play ARL not NRL be prepared to get shoulder charged in the head an possibly concussed FULL STOP!!! bet he wasn't complaining about smashing the opposition! Lets be honest NRL is not ARL, he needs to sue the governing body ARL for having a non professional sport with animal rules etc etc! BAD LUCK

[Paddo Colt 61]

You're right. Usually participants in contact sports are seen as volunteers who understand the risk of injury and a fairly recent case in the Court of Appeal confirmed that a section of the Civil Liability Act could be used as a defence to Negligence. In part the Act talks about "obvious risk" and the decision was that there is no liability in Negligence where an obvious risk eventuates from participation in a dangerous recreational activity (even professional sport is regarded at law as a recreational activity). That said, there may be Negligence when, in contact sport, a player is injured due to the behaviour of another which is unprofessional (ie below the standard expected of a professional player. There was such a case some years ago which involved ex Rooster David French who was sued by a player since forgotten, maybe Dale Shearer. In the Higgins matter, the assertion that he was allowed to play after a stint in hospital and despite medical advice to the Club might be deemed unprofessional on the Roosters' part.