Neurologists and Neuropsychologists Expert Witnesses and Concussion Litigation
A new important article appeared in the legal journal FOR THE DEFENSE entitled: “WILL THE NFL’S CONCUSSION POLICY EXPOSE THE LEAGUE TO MASSIVE LIABILITY”
The author Attorney Joseph M. Hanna from Buffalo New York explains the rapidly developing game changing science,and some of the key legal issues that the players are likely to face including:
* Preemption i.e that the players had signed a collective bargaining agreement waiving their right to sue
* Failure to warn: The players were exposed to an unreasonable risk of harm when the league knew of the dangers
* Duty:The NFL had a duty to warn the players
* Cause: Proving the causal relationship between the exposure and the harm in a “but for” fashion.
The league is expected to interpose the additional defenses of assumption of the risk and contributory negligence
The author expects that due to the billions of dollars involved a tobacco like settlement is eventually likely.
Expert witnesses who specialize in head injuries and concussions may want to make themselves available for the massive amount of concussion cases both from football and other sports likely to develop over the next few years.