Innovative sports equipment and safety regulations

Source: sadlersports.com - Innovative sports equipment and safety regulations
Author: John M. Sadler

Weeding through the hype

There’s an abundance of sports equipment manufacturers coming up with innovative products intended to make contact sports safer. The ongoing concern about concussions, particularly among youth athletes, is a focus and big money maker for many of these manufacturers.

As Eric Berman, an advertising and antitrust attorney, points out in a recent article, manufacturers compete for a share in the market by advertising their products’ safety features. However, the claims made by advertisers and marketers and the science they use to bolster those claims will be scrutinized by both regulators and consumers. Berman’s article discusses the false advertising claims recently being denied by a federal judge in the Riddell Revolution helmet case.

Riddell may have prevailed, but manufacturers will be held to the FTC’s new stringent test data retention requirements. It’s important that advertiser claims are supported by science and that all the documented data, test protocols and records for the clinical studies are maintained.

All that is well and good, but the best way to lower the risk of concussions and other sports-related injuries is through risk management and proper technique training based on credible scientific research. We encourage you to read some of our many articles advocating for risk management policies and concussion education. A perfect example is our promotion of the American Youth Football-endorsed TackleSure training program that introduces youth football coaches to the correct tackling technique and terminology, teaches drills that reinforce each aspect of the technique, and demonstrates the step-by-step coaching process in the field.

Don’t count on technology to provide the safety you can achieve using common sense and proven methods.

Read Full Story: http://www.sadlersports.com/blog/innovative-sports-equipment-safety-regulations/

Attorneys Soliciting Concussed High School Football Players

Source: sadlersports.com - Attorneys Soliciting Concussed High School Football Players
Author: John M. Sadler

A profile of the perfect client for attorneys

We recently came across an article published by a law firm seeking to educate (and solicit) readers about high school football players filing lawsuits against their school after suffering a concussion.

Here are the points that can trigger a successful lawsuit according to the law firm:

• Athlete was not removed from the field as soon as concussion symptoms were observed


• Athlete was not evaluated by a medical professional and returned to play, and/or


• Athlete received medical treatment but returned to play without written clearance by the evaluating medical professional, or


• Athlete’s coach did not receive concussion management training prior to the injury.

Avoiding lawsuits through risk management

All 50 states and the District of Columbia have passed concussion laws that pertain to high school athletes. The goal of the laws is to prevent concussions from happening and to reduce the risk of long-term consequences. These laws require school districts to develop policies concerning athletes suffering concussions or traumatic brain injuries during school-related activities.

In addition, the National Federation of State High School Associations (NFHS) has published recommended guidelines for concussion and brain injury risk management.

The various state laws and the NFHS recommended guidelines cover all the areas of concern listed in the profile of the perfect client for attorneys. It’s simple: follow the rules that are the standard of care and avoid most of the real liability potential. Ignore the rules or halfheartedly enforce them and you will dilute the strength of your legal defense.

We have more concussion-related information, including the signs and symptoms of concussion.

Source: “Brain Injury Lawsuits and High School Athletes,” jdsupra.com, 24 Feb. 2015.

Read Full Story: http://www.sadlersports.com/blog/attorneys-soliciting-concussed-high-school-football-players/

Football Leagues Ignoring Brain Injury Standards...

Source: sadlersports.com - Football Leagues Ignoring Brain Injury Standards...
Author: John M. Sadler

do so at their own peril

If your youth tackle football league and its directors, officers, and coaches are sued as a result of a brain injury to a current or past participant, under what standard of care will you be judged?

The law of negligence is based on four elements:

1. Duty is owed to act as reasonable and prudent youth tackle football and cheer administrators and coaches by following the national standard of care regarding to concussion/brain injury protection.


2. Duty is breached by not following the national standard of care.


3. The breach is the cause of the injury.


4. Damages result.

 As regards the standard of care, the courts will look to expert witnesses who will testify that the standards of care are set by the recommendations of the governing body (USA Football), National Federation of State High School Associations (NFHS), and state concussion laws.

We have designed a concussion/brain injury risk management program for our American Youth Football and Cheer (AYF) clients that addresses most of the standards that have been set by these organizations and state legislation. See our Football/Cheer Concussion Awareness Risk Management Program (short form) in our risk management library.

If you want to see how standards work in an actual brain injury litigation case, see the synopsis and summary of the pending Chernach vs. Pop Warner lawsuit by a law firm specializing in brain injury litigation. Ask yourself how you think your local association would fare in its legal defense if a similar claim were to be filed? In my opinion, most of the allegations in this lawsuit seem to be without merit, though legal defense costs will be high. Very few of the concussion standards were in place at the time of the alleged injury and the plaintiff was exposed to high school football and 12 years of wrestling in addition to youth tackle football.

However, concussion brain injury standards are certainly in place now. Ignore the standards at your own peril.

Read Full Story: http://www.sadlersports.com/blog/football-leagues-ignoring-brain-injury-standards/