Sports LawSports Law

By: George CarltonBy: George Carlton

What is Sports Law?What is Sports Law?

Sports law is an all-Sports law is an all-encompassing term encompassing term that describes the that describes the law and how it law and how it relates to sports.relates to sports.

Sports Law can Sports Law can include torts, anti-include torts, anti-trust laws, trust laws, constitutional, constitutional, trademark, and trademark, and many other legal many other legal issues.issues.

Torts Law and its relation to Sports Torts Law and its relation to Sports LawLaw

Majority of torts cases Majority of torts cases in Sports Law relate in Sports Law relate to product liability to product liability and/or negligence.and/or negligence.

The most common The most common examples of these examples of these are sports related are sports related injuries caused by injuries caused by negligence by either negligence by either a company or a company or school/league. school/league.

Why This is Important to MeWhy This is Important to Me I grew up playing and I grew up playing and

continue to play multiple continue to play multiple sports and believe it’s a sports and believe it’s a great way to build great way to build friendships and teach friendships and teach children some life lessons. children some life lessons. The idea that companies The idea that companies are not warning are not warning consumers about possible consumers about possible flaws with their products flaws with their products and much worse, and much worse, knowingly producing knowingly producing flawed products that are flawed products that are putting young kids well-putting young kids well-being at risk is sickening being at risk is sickening to me.to me.

This is something This is something the public needs to the public needs to know more about know more about in my opinion.in my opinion.

Product LiabilityProduct Liability

The term product The term product liability is a pretty self liability is a pretty self explanatory term that explanatory term that refers to a company’s refers to a company’s responsibility to make responsibility to make their product safe for their product safe for consumers and/or consumers and/or make consumer’s make consumer’s aware of all faults the aware of all faults the product may present.product may present.

So what? Why is this such a big So what? Why is this such a big deal on a national level?deal on a national level?

On a yearly basis, On a yearly basis, thousands of children, thousands of children, teens, and adults teens, and adults suffer injuries, suffer injuries, sometimes permanent sometimes permanent or life-threatening, or life-threatening, that are caused by that are caused by companies not fully companies not fully informing the public of informing the public of information regarding information regarding specific products.specific products.

Chances are you will Chances are you will one day have a child one day have a child that participates in that participates in some sort of sport so some sort of sport so we need to make sure we need to make sure these companies are these companies are putting all of the putting all of the proper information out proper information out there and taking the there and taking the proper steps to make proper steps to make their products as safe their products as safe as possible.as possible.

Edward Acuna v. Riddell Sports Edward Acuna v. Riddell Sports Inc.Inc. 17-year old football 17-year old football

player from Pomona, player from Pomona, California.California.

Was tackled, lost Was tackled, lost consciousness on field consciousness on field and taken to the and taken to the hospital where he was hospital where he was diagnosed with a left diagnosed with a left subdural hematoma in subdural hematoma in 2009. 2009.

Injuries resulted in Injuries resulted in permanent brain permanent brain damage and partial damage and partial paralysisparalysis

Edward Acuna v. Riddell Sports Edward Acuna v. Riddell Sports Inc. cont’dInc. cont’d

The family claims that The family claims that the injuries were due the injuries were due to a faulty pad on the to a faulty pad on the front part of the helmet front part of the helmet where Edward was hit.where Edward was hit.

In the same accusation In the same accusation the family claims that the family claims that Riddell knew of the Riddell knew of the defective pad since defective pad since 2000 yet failed to 2000 yet failed to inspect and make inspect and make adjustments to their adjustments to their product.product.

The public was never The public was never informed of this defect.informed of this defect.

Edward Acuna v. Riddell Sports Edward Acuna v. Riddell Sports Inc. cont’dInc. cont’d

The lawsuit is The lawsuit is seeking unspecified seeking unspecified damages against damages against Riddell and its Riddell and its subsidiaries for subsidiaries for product liability, and product liability, and for punitive damages for punitive damages for the for the manufacturing and manufacturing and distribution of a distribution of a defective helmet defective helmet without proper without proper warning.warning.

At the time of this At the time of this presentation, the presentation, the legal process is still legal process is still ongoing with no ongoing with no conclusion conclusion reached.reached.

More Court Cases Against RiddellMore Court Cases Against Riddell

Unfortunately, Unfortunately, Edward Acuna was Edward Acuna was not the only case not the only case regarding the safety regarding the safety of Riddell’s helmets.of Riddell’s helmets.

As proven by the As proven by the next court case, next court case, Riddell has had Riddell has had documented legal documented legal issues regarding issues regarding their helmets since their helmets since 19951995

Jose Rodriguez v. Riddell Sports Jose Rodriguez v. Riddell Sports Inc.Inc.

15 year-old high 15 year-old high school football player school football player from Texas who lost from Texas who lost consciousness in 1995 consciousness in 1995 after being tackled after being tackled and was immediately and was immediately taken to the hospital.taken to the hospital.

Was diagnosed with Was diagnosed with subdermal hematoma subdermal hematoma (like Edward Acuna)(like Edward Acuna)

Suffered permanent Suffered permanent brain damage and brain damage and lives in vegetative lives in vegetative state.state.

Jose Rodriguez v. Riddell Sports Jose Rodriguez v. Riddell Sports Inc. cont’dInc. cont’d

Much like Acuna’s Much like Acuna’s case, the family of case, the family of Jose Rodriguez Jose Rodriguez sued Riddell Sports sued Riddell Sports on the strict on the strict liability claim that liability claim that they knowingly they knowingly manufactured and manufactured and sold an unsafe sold an unsafe helmet. helmet.

Jose Rodriguez v. Riddell Sports Jose Rodriguez v. Riddell Sports Inc. RulingInc. Ruling

The court initially The court initially ruled in ruled in Rodriguez’s Rodriguez’s family’s favor and family’s favor and awarded them awarded them $14.62 million in $14.62 million in the verdict but was the verdict but was reversed due to an reversed due to an appeal.appeal.

Riddell questioned Riddell questioned the school’s the school’s decision to provide decision to provide the players with the players with reconditioned reconditioned helmets as helmets as opposed to buying opposed to buying new helmets. After new helmets. After the remanded trial, the remanded trial, Riddell was still Riddell was still liable for $11 liable for $11 million in damages.million in damages.

NegligenceNegligence

After reading the After reading the appeal in Rodriguez’s appeal in Rodriguez’s trial that the school trial that the school might have been at might have been at fault I wanted to fault I wanted to research schools and research schools and coaches to see if they coaches to see if they were fully doing their were fully doing their part in protecting the part in protecting the youth participating in youth participating in football.football.

The findings were The findings were definitely a cause for definitely a cause for concern as there were concern as there were multiple instances of multiple instances of coaches ignoring signs coaches ignoring signs of head and brain of head and brain injuries and allowing injuries and allowing players to continue players to continue playing. The one that playing. The one that stood out to me was stood out to me was the case of Zackery the case of Zackery Lystedt. Lystedt.

Story of Zackery LystedtStory of Zackery Lystedt

Zack Lystedt was a normal 13 year-old Zack Lystedt was a normal 13 year-old middle school football player from middle school football player from Washington. He suffered a concussion in Washington. He suffered a concussion in the first half after making a tackle. At his the first half after making a tackle. At his coach’s discretion, he was allowed to play coach’s discretion, he was allowed to play in the second half in which he endured in the second half in which he endured multiple more traumatic hits to the head multiple more traumatic hits to the head which led to brain swelling and resulted in which led to brain swelling and resulted in “Second Impact Syndrome”. “Second Impact Syndrome”.

http://www.youtube.com/watch?v=z5aoc08U7xs

Story of Zackery Lystedt cont’d.Story of Zackery Lystedt cont’d. Flown to the nearest Flown to the nearest

hospital that could treat hospital that could treat him.him.

Surgeons were able to Surgeons were able to reduce brain swelling but reduce brain swelling but were unable to prevent were unable to prevent Zackery from being Zackery from being permanently disabled.permanently disabled.

Zack spent a total of 93 Zack spent a total of 93 days and took him 9 days and took him 9 months to speak again.months to speak again.

The neurosurgeon said if The neurosurgeon said if Zackery was taken out Zackery was taken out after the first tackle, he after the first tackle, he would not be permanently would not be permanently disabled.disabled.

Zackery Lystedt Story cont’dZackery Lystedt Story cont’d Today, after 5 years of Today, after 5 years of

rehabilitation, Zackery is able to rehabilitation, Zackery is able to perform most functions that a perform most functions that a normal 18 year-old can despite normal 18 year-old can despite his permanent brain damage. his permanent brain damage. Despite taking 3 years after his Despite taking 3 years after his injury to even stand up, injury to even stand up, Zackery is beginning to walk Zackery is beginning to walk again with the help of a cane.again with the help of a cane.

In 2011, with the help of his In 2011, with the help of his friends, Zackery was able to friends, Zackery was able to walk across the stage at his walk across the stage at his high school graduation.high school graduation.

The Zackery Lystedt LawThe Zackery Lystedt Law Although there were Although there were

no formal charges no formal charges filed against his filed against his coach, the efforts of coach, the efforts of the Lystedt family the Lystedt family and the town of and the town of Tahoma Creek, Tahoma Creek, Washington led to the Washington led to the passing of the passing of the Zackery Lystedt Law Zackery Lystedt Law which provided young which provided young athletes that showed athletes that showed signs of concussions signs of concussions with protection.with protection.

The Zackery Lystedt LawThe Zackery Lystedt Law If a player shows If a player shows

symptoms of a symptoms of a concussion they MUST be concussion they MUST be removed from the game.removed from the game.

They may not return to They may not return to practice or a game until practice or a game until they have been cleared they have been cleared by a “licensed health by a “licensed health care professional”.care professional”.

The law was passed The law was passed unanimously and put into unanimously and put into effect in Washington on effect in Washington on May 13May 13thth, 2009., 2009.

Nationwide Effects of the Zackery Nationwide Effects of the Zackery Lystedt LawLystedt Law

The National Football The National Football League and League and Commissioner Roger Commissioner Roger Goodell led the Goodell led the nationwide support of nationwide support of the Zack Lystedt law the Zack Lystedt law and led the movement and led the movement to get this put into law to get this put into law in all 50 states.in all 50 states.

Today, the Zackery Today, the Zackery Lystedt Law is in effect Lystedt Law is in effect in 34 of 50 states with in 34 of 50 states with many more sure to many more sure to come.come.

ConclusionConclusion I believe we as a I believe we as a

society have a society have a responsibility to make responsibility to make playing sports for young playing sports for young athletes as safe as athletes as safe as possible. Whether it be possible. Whether it be providing them with the providing them with the best safety equipment best safety equipment or making sure they are or making sure they are healthy before taking healthy before taking the field, we have to the field, we have to make sure we do not make sure we do not have any more cases have any more cases like the ones presented.like the ones presented.

Sports are Sports are becoming safer becoming safer and safer everyday and safer everyday but we need to but we need to continue the path continue the path we have set and we have set and make sure these make sure these companies are not companies are not knowingly putting knowingly putting out defective gear.out defective gear.

SourcesSources http://www.nhbar.org/uploads/pdf/BJ-Autumn2011-Vol52-No3-Pg26.pdfhttp://www.nhbar.org/uploads/pdf/BJ-Autumn2011-Vol52-No3-Pg26.pdf http://www.morelaw.com/verdicts/case.asp?n=B-CV-96-177&s=TX&d=6585http://www.morelaw.com/verdicts/case.asp?n=B-CV-96-177&s=TX&d=6585 http://www.youtube.com/watch?v=wb6Bm5skuBAhttp://www.youtube.com/watch?v=wb6Bm5skuBA http://www.salient-news.com/2010/08/high-school-football/http://www.salient-news.com/2010/08/high-school-football/ http://www.traumatic-brain-injury-lawfirm.com/acuna_lawsuit.phphttp://www.traumatic-brain-injury-lawfirm.com/acuna_lawsuit.php http://usafootball.com/news/featured-articles/three-years-later-lystedt-law-protects-young-athletes-http://usafootball.com/news/featured-articles/three-years-later-lystedt-law-protects-young-athletes-

34-states-and-dc34-states-and-dc http://www.sportsconcussions.org/signing-lystedt-law.htmlhttp://www.sportsconcussions.org/signing-lystedt-law.html

http://www.youtube.com/watch?v=z5aoc08U7xshttp://www.nflevolution.com/wordpress/wp-content/uploads/2012/08/610_250_Zac.jpghttp://www.seeklogo.com/images/R/Riddell-logo-3D735E7E1C-seeklogo.com.gifhttp://www.nlelaw.com/three-years-later-where-is-the-zackery-lystedt-law/