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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 👇🏼
1) Duty of care
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).
2) Breach of duty
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?
Or should they have done more to discover the dangers of concussion but failed to do so?
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.
Much will depend upon the state of medical/scientific understanding of concussion at the relevant times.
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 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
1) Duty of care
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).
2) Breach of duty
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?
Or should they have done more to discover the dangers of concussion but failed to do so?
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.
Much will depend upon the state of medical/scientific understanding of concussion at the relevant times.
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.
I don't think people understand the vital difference between a well-rehearsed (and physical) team vs a collection of individuals with no real understanding - new players, makeshift centre-backs, other players out of position. Make do an mend when missing a ton of quality = v.hard
Add fatigue,with less option to rotate, and big effort in 3 away games in previous 9 days. Team lacks height and heft without VvD, Matip, Fabinho, Gomez. Team lacks pace and goals without Jota, Mané. Lacks pace at back without VvD and Gomez. No senior keeper undermines confidence
Team has been disrupted constantly this ssn. Rarely below 6 injuries, often = 10. Thiago a real bonus after months out, but the proper team is not around him. Even Gini looked knackered yesterday. 5th/6th-choice strikers and centre-backs will always be a big drop from 1st choices
Last night was a bit grim, and Brighton were excellent. But it was a strong XI for them, in terms of usual players and in terms of physicality. LFC full of skilful slower little guys right now - lacking the skilful bodyguards and pace. Kabak should help, but he's young and new
You can read Mentality Monsters or Perched for how much I talk about the unity of a team, the practiced understanding from years of intense training together, knowing each others runs and movements. Right now it's a team of semi-strangers and stand-ins.
Definitely agree BUT, we should still be beating Burnley and Brighton at home.
— PaulShilly \U0001f339\U0001f339 (@shillcock_paul) February 4, 2021
For me, that is in part, a tactical problem.
Add fatigue,with less option to rotate, and big effort in 3 away games in previous 9 days. Team lacks height and heft without VvD, Matip, Fabinho, Gomez. Team lacks pace and goals without Jota, Mané. Lacks pace at back without VvD and Gomez. No senior keeper undermines confidence
Team has been disrupted constantly this ssn. Rarely below 6 injuries, often = 10. Thiago a real bonus after months out, but the proper team is not around him. Even Gini looked knackered yesterday. 5th/6th-choice strikers and centre-backs will always be a big drop from 1st choices
Last night was a bit grim, and Brighton were excellent. But it was a strong XI for them, in terms of usual players and in terms of physicality. LFC full of skilful slower little guys right now - lacking the skilful bodyguards and pace. Kabak should help, but he's young and new
You can read Mentality Monsters or Perched for how much I talk about the unity of a team, the practiced understanding from years of intense training together, knowing each others runs and movements. Right now it's a team of semi-strangers and stand-ins.
