The NFL’s looming court tests
As the 2013 National Football League season begins, it’s time for an update on the liability suits the league is facing from what the website Deadspin reported last April were “more than 4,000 former players” who claim to have suffered on-the-job brain damage. The same Deadspin report noted that helmet-maker Riddell is also a defendant in the suits and that in April a Colorado high school student won a $3.1 million judgment against Ridell after he was brain damaged and partially paralyzed following a concussion suffered in a 2008 practice drill.
In June of 2012, Forbes ran a story headlined, “NFL Faces Tobacco-Like Damages Reaching Billions Of Dollars In Concussion Litigation,” and in December, the New York Times reported another wrinkle — that the NFL and its teams are fighting in court with 32 different insurance companies over whether their policies cover the league’s and the teams’ liability and legal costs.
“The N.F.L., which generates about $9 billion a year, may be equipped to handle these legal challenges,” the Times wrote. “But colleges, high schools and club teams may be forced to consider severe measures in the face of liability issues, like raising fees to offset higher premiums; capping potential damages; and 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.”
Although that all seems pretty ominous, I haven’t seen much lately about all of this legal warfare except for a story last month in USA Today with this intriguing headline about how the threat has spread to the nation’s colleges and universities: “Does NCAA face more concussion liability than NFL?”
Are juggernauts like the NFL and the National Collegiate Athletic Association, not to mention the helmet-maker and the nation’s high schools, really facing tobacco or asbestos-sized liability doomsdays? And what are they doing about it?