things and stuff

Should a sports player be alowed to sue an institution for an injury sustained during their time as players in school. Generaly i would say no, that it is not alright to, but i would say it depends on the circumstances in which the injruy occured. If the player has a severe concussion and a broken femur obviously he sohould not be put back into the game. There can be arguments for both positive and negative implications based on the situations.

In the case of mike O'malley if i was his attorney i would make a couple of arguments. First i would state that if he had a prior condition known in practice then it should have been addressed and he never should have played in the game no matter the importance of it. two, it is the coaches primary concern for the welbeing of the athlete, they have staff particularly for the purpose of aiding the players even with the slightests physical problems. If anyone saw that he was not in top physical condition he should have been assessed by the Atheletic Trainer. Unfortunatly Injureries are a part of sports no matter what the sport is. The NCAA states that " The NCAA takes appropriate steps to modify safety guidelines, playing rules and standards to minimize those risks and provide student athletes with the best opportunity to enjoy a healthy career" ("Sports injury," 2012)
. If the coaches do not follow the guidlines set down by the NCAA then they violated the rights of that student athletes and it is there fault and their responsability.

If i were the defendant in this case i would I have several counter arguments. First i said that it would not and cannot be my responabillity to see everything that every player does at every minuet of every game and practice, it is just imposible. Second i would point out that if the player was feeling some kind of pain or fatigue prior to the incident than it is his responsibillity to seek the assistance he needs himself and not act as though nothing is wrong. According to the NCAA "Yet participation in competitive sports brings with it unavoidable risks of injury" ("Sports injury," 2012). "About 20 percent of children and adolescents participating in sports activities are injured each year, and one in four injuries is considered serious" ("Sports injury statistics," )
basically you are possably going to get hurt and its is almost never a blameable offense. And as for pro athletes getting paid while injured, i think that they should be paid some but not the salary they would ususally recieve, plus frankly they get paid way to much as it is so.

Boston's Children Hospital, (n.d.). Sports injury statistics. Retrieved from website: http://www.childrenshospital.org/az/Site1112/mainpageS1112P0.html

National Collegiate Athletic Association, (2012). Sports injury. Retrieved from website: http://www.ncaa.org/wps/wcm/connect/public/NCAA/Health and Safety/Sports Injuries/Sports Injuries Landing Page

Matt, one of the defenses you were refering to in your post would be the assumption of the Risk Doctrine. This happens when an individual is "willfully participating in an activity that the injured person knew was dangerous" (Goguen, 2012). The harm that the individual suffered much be closely related to inherent risk in the activity. For example, in football this would include head trauma, jarring, and being moved in an uncomfortable or harmful position.

Risk is associated with every activity an individual partakes in throughout the day. From using the computer to driving down the road and simply crawling out of bed in the morning. In today's society, the idea of suing a particular individual, company, etc. is at the forefront of our mind set. John Hochfelder, a personal injury lawyer for approximately 30 years claims that "We're in the era of no responsibility. So people think 'Hey, my kid was injured and somebody's at fault'. That's the philosphy that permeates society today. If I tripped and fell, I'd feel like an idiot. I wouldn't think of suing somebody," (Popke, 2010).


Goguen, D. (2012) Nolo Law for All. Retrieved from: http://www.nolo.com/legal-encylopedia/defenses-personal-injury-cases-32276.html

Popke, M. (2010, July). Athletic Business. Retrieved from: http://www.athleticbusiness.com/articles/articles.aspx?articleid=3584&zoneid=28

Matt, I agree with you on a lot of what you said. Especially when you talked about how if you were the coach you couldn't watch everything what the players were doing every minute of everyday. I thought that same thing as I was reading the question. If one thinks back to what is asked, they can see that the player's high-school coach was monitoring the player with a pair of binoculars. Well, if a coach is focusing on more then one player at a time, then they are not going to notice everything that goes on. Where as if the coach had a pair of snazzy binoculars and was focusing on that one specific player at the time, then yes he would be have noticed this player's injuries. Another thing, this goes back to age. The player was at the age to know when to quit, so if he was hurting to the point of limping, he should have known to stop. If that did not teach him then, when he got tackled and could not possibly get up right, that should have showed to him that there was something wrong there. I know when it comes to football, players need to be strong emotionally and physically. When they get hurt they need to tough it out and get back out there, but that ignorance to future issues can cause them to never play again. I for one would not want to take that chance, and ruin everything do to my stubbornness.

One more thing that I would like to mention is paying the players if they get hurt and can't play. I totally agree with you. I think that they should be paid, but not as much as they would be paid if they were playing. Most people who work get payed if they get injured on the job, so why should athletes be excluded from that process? However they do make a lot of money, (way to much in my opinion). Here is something to back that up "Bloomberg Buisnessweek says the average salary of an NFL player in 2011 was $1.9 million"(Cunha). This is in one year! I know this question was asking about all athletes but do to the fact that this post was mainly focused on football, I went with that. Even if that is just an average price, that is still a lot of money. However even if the players are getting payed a lot a year, they still are workers. In my opinion it depends if the injury was caused at work, if it was not caused at work (in a game) then they should not get payed. All and all good post Matt!

Resources:

Cunha, D. (2012). How Much Money Does an NFL Player Make a Year? Retrieved December 21, 2012, from www.Chron.com: http://work.chron.com/much-money-nfl-player-make-year-2377.html

I think that you're post is good Matt. I agree with you on all of your points made. It is hard for a coach to make all observations of one teammate, let alone all of the teammates. I feel that depending on the situation, they should both take responsibility. This isn't just one person's fault.