Do the governing bodies (World Rugby, RFU, WRU etc) owe players a duty of care in respect of their health and safety? The answer is almost certainly yes (see for example Watson v BBBoC).
Over 70 former professional rugby players are preparing for legal action against the sport’s governing bodies according to this report.
The group litigation seems to be in its early stages, but World Rugby & Unions will be starting to get twitchy.
THREAD on the key issues 👇🏼
Exclusive: Rugby faces group litigation action on concussion | @danscho1 reportshttps://t.co/i246r0c9IS
— Telegraph Rugby (@TelegraphRugby) December 7, 2020
Do the governing bodies (World Rugby, RFU, WRU etc) owe players a duty of care in respect of their health and safety? The answer is almost certainly yes (see for example Watson v BBBoC).
Have the governing bodies breached this duty? This is the first of the major hurdles for any litigation.
The question is essentially whether they acted reasonably in the circumstances.
Did they know about the dangers of concussion and fail to act?
The NFL case was based on the fact that the NFL knew of the dangers and covered them up. I’d suggest that’s unlikely here. However, it may be that WR/Unions should have done more sooner.
For example, in the early 80s it may be that there was no indication that concussion might cause long-term complications but, by the early 2000s, there was.
The second of the major hurdles. Had WR/the Unions acted sooner, would these players not have suffered these long-term effects?
First, this requires a medical link between concussion and the long-term neurological effects. It seems that this can be established.
If we say that they should have introduce an equivalent of the HIA and its associated protocols sooner, would that have stopped the players suffering these long-term consequences?
Had WR/the Unions acted reasonably, would players still have suffered? It is not clear.
For example, it could be argued that closer monitoring of concussion, concussion substitutes and awareness amongst players etc would have halved the risk of a player suffering long-term effects.
However, this is likely to be the most difficult part, and will require detailed scientific analysis, as well as a clear argument about what exactly WR/the Unions should reasonably have done in the first place.
WR/the Unions might argue that the players consented to the risks of concussion by playing the game - the defence of volenti non fit injuria.
However, given the players’ lack of understanding about the long-term impact and their relative lack of resources...
Allowing such a defence here would contradict the duty of care.
Nonetheless, there might be a finding of “contributory negligence” (dependent on facts) which would reduce any award of damages.
A preliminary issue for players will be whether their claim is time-barred. The Limitation Act says claims must be brought within 3 years of the cause of action accruing, or within 3 years of the date of on which the loss could reasonably have been discovered.
If you’re still reading...players will be able to claim compensation for general damages (i.e. pain, suffering and loss of amenity) and special damages (i.e. any financial losses such as lost earnings, medical expenses etc).
Of course, that’s only if they win.
Not quite $1bil huge though, I’d imagine...
Any claim will face an uphill battle, but it will certainly be a fascinating one. Whether it will even reach a courtroom remains to be seen.
I’ll be trying to write a more detailed analysis for https://t.co/vVdFLTy0YY soon!
#sportslaw #concussion #Rugby
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It's Sunday, Fed blackout, am recovering from soccer match, sipping on double espresso, so of course a perfect time to take on Tyler Cowen here. 🙂
Like many people, I enjoy reading Tyler's blog. But there are times (alright, many times) I disagree with him. This is no big deal. I also disagree with myself sometimes (especially my past self). But his recent post left me
What is he trying to say here? After thinking about it for a bit, I think he's critiquing the idea that "running the economy hot" leads to employment *and* real wage gains. Perhaps the former, but only at the expense of the latter. At least, this is what a textbook IS-LM model
tells us if one "runs the economy hot" through increased fiscal stimulus (on consumption and transfers, not public infrastructure investment). If this is what he meant, then he should have just said so, instead of labeling this a "Keynesian" proposition.
In fact, this property follows as a *neoclassical* proposition that is embedded in the IS-LM framework. (For non-economists, note that Keynes did not invent IS-LM; the framework was developed later by Hicks as an interpretation of *some* parts of the General Theory.)
It is hardly phony, especially on social media, to refer to IS-LM models and the like as \u201cKeynesian.\u201d Krugman pushing it and, for better or worse, rising in popularity.
— tylercowen (@tylercowen) January 17, 2021
Like many people, I enjoy reading Tyler's blog. But there are times (alright, many times) I disagree with him. This is no big deal. I also disagree with myself sometimes (especially my past self). But his recent post left me
What is he trying to say here? After thinking about it for a bit, I think he's critiquing the idea that "running the economy hot" leads to employment *and* real wage gains. Perhaps the former, but only at the expense of the latter. At least, this is what a textbook IS-LM model
tells us if one "runs the economy hot" through increased fiscal stimulus (on consumption and transfers, not public infrastructure investment). If this is what he meant, then he should have just said so, instead of labeling this a "Keynesian" proposition.
In fact, this property follows as a *neoclassical* proposition that is embedded in the IS-LM framework. (For non-economists, note that Keynes did not invent IS-LM; the framework was developed later by Hicks as an interpretation of *some* parts of the General Theory.)
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I’m torn on how to approach the idea of luck. I’m the first to admit that I am one of the luckiest people on the planet. To be born into a prosperous American family in 1960 with smart parents is to start life on third base. The odds against my very existence are astronomical.
I’ve always felt that the luckiest people I know had a talent for recognizing circumstances, not of their own making, that were conducive to a favorable outcome and their ability to quickly take advantage of them.
In other words, dumb luck was just that, it required no awareness on the person’s part, whereas “smart” luck involved awareness followed by action before the circumstances changed.
So, was I “lucky” to be born when I was—nothing I had any control over—and that I came of age just as huge databases and computers were advancing to the point where I could use those tools to write “What Works on Wall Street?” Absolutely.
Was I lucky to start my stock market investments near the peak of interest rates which allowed me to spend the majority of my adult life in a falling rate environment? Yup.
Ironies of Luck https://t.co/5BPWGbAxFi
— Morgan Housel (@morganhousel) March 14, 2018
"Luck is the flip side of risk. They are mirrored cousins, driven by the same thing: You are one person in a 7 billion player game, and the accidental impact of other people\u2019s actions can be more consequential than your own."
I’ve always felt that the luckiest people I know had a talent for recognizing circumstances, not of their own making, that were conducive to a favorable outcome and their ability to quickly take advantage of them.
In other words, dumb luck was just that, it required no awareness on the person’s part, whereas “smart” luck involved awareness followed by action before the circumstances changed.
So, was I “lucky” to be born when I was—nothing I had any control over—and that I came of age just as huge databases and computers were advancing to the point where I could use those tools to write “What Works on Wall Street?” Absolutely.
Was I lucky to start my stock market investments near the peak of interest rates which allowed me to spend the majority of my adult life in a falling rate environment? Yup.
1/ 👋 Excited to share what we’ve been building at https://t.co/GOQJ7LjQ2t + we are going to tweetstorm our progress every week!
Week 1 highlights: getting shortlisted for YC W2019🤞, acquiring a premium domain💰, meeting Substack's @hamishmckenzie and Stripe CEO @patrickc 🤩
2/ So what is Brew?
brew / bru : / to make (beer, coffee etc.) / verb: begin to develop 🌱
A place for you to enjoy premium content while supporting your favorite creators. Sort of like a ‘Consumer-facing Patreon’ cc @jackconte
(we’re still working on the pitch)
3/ So, why be so transparent? Two words: launch strategy.
jk 😅 a) I loooove doing something consistently for a long period of time b) limited downside and infinite upside (feedback, accountability, reach).
cc @altimor, @pmarca
4/ https://t.co/GOQJ7LjQ2t domain 🍻
It started with a cold email. Guess what? He was using BuyMeACoffee on his blog, and was excited to hear about what we're building next. Within 2w, we signed the deal at @Escrowcom's SF office. You’re a pleasure to work with @MichaelCyger!
5/ @ycombinator's invite for the in-person interview arrived that evening. Quite a day!
Thanks @patio11 for the thoughtful feedback on our YC application, and @gabhubert for your directions on positioning the product — set the tone for our pitch!
Week 1 highlights: getting shortlisted for YC W2019🤞, acquiring a premium domain💰, meeting Substack's @hamishmckenzie and Stripe CEO @patrickc 🤩
2/ So what is Brew?
brew / bru : / to make (beer, coffee etc.) / verb: begin to develop 🌱
A place for you to enjoy premium content while supporting your favorite creators. Sort of like a ‘Consumer-facing Patreon’ cc @jackconte
(we’re still working on the pitch)
3/ So, why be so transparent? Two words: launch strategy.
jk 😅 a) I loooove doing something consistently for a long period of time b) limited downside and infinite upside (feedback, accountability, reach).
cc @altimor, @pmarca
4/ https://t.co/GOQJ7LjQ2t domain 🍻
It started with a cold email. Guess what? He was using BuyMeACoffee on his blog, and was excited to hear about what we're building next. Within 2w, we signed the deal at @Escrowcom's SF office. You’re a pleasure to work with @MichaelCyger!
5/ @ycombinator's invite for the in-person interview arrived that evening. Quite a day!
Thanks @patio11 for the thoughtful feedback on our YC application, and @gabhubert for your directions on positioning the product — set the tone for our pitch!
