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James McManus to sue Knights

Valheru

Coach
Messages
19,535
Cool. So when someone you love is seriously injured in a car accident because the brakes failed (a problem the manufacturer was aware of), I guess you won't being suing the manufacturer? Because, you know, they knew the risks when they got in a car?

This is an important case. It's about the big picture. What can we do to change systems and processes?

One of the worst analogy's I have ever read, it isn't even close to the same thing.

What needs to happen soon is independent NRL doctors at every game to assess potentially concussed players and make a ruling. Still, it will be up to the clubs to monitor after the game and these types of lawsuits will continue to happen. I can't see anything other than full waivers as part of NRL contracts being signed by the players in the near future.
 

Bazal

Post Whore
Messages
103,832
He never wore head gear so it should wave his right to sue imo, protection out there which he chose not to use so bad luck.

Firstly, headgear does absolutely nothing. It's completely useless in preventing concussion. Concussion is, in most basic terms, bruising on the brain normally caused by the brain being forced against the skull. Headgear cannot prevent that in any way.

Secondly for the slow....he is not suing because he got concussion. He is suing because he believes Newcastle handled the concussions incorrectly and lead to further ongoing health problems.
 

LineBall

Juniors
Messages
1,719
Be very interesting to see how this pans out.

And yes, headgear does nothing to prevent concussion. It's only useful to prevent abrasions, lacerations, etc.
 

RufusRex

Post Whore
Messages
64,260
I guess similar to the Alex McKinnon one, is that this is about accessing the insurance policy funds. I wouldn't think that the insurance companies would pay out without a direct order to do so.
 

DC_fan

Coach
Messages
11,980
You play the game, you know the risks.
Bad luck champ.

Thats like saying not having health insurance because you know the consequences of living (you can get sick) or not having car insurance because you know the consequences of driving can cause.
 

skeepe

Immortal
Messages
48,375
Unless he can prove the NRL was negligent, i dont think he has a case. The ARLC has been pretty dilegent in moving the Concussion treatments forward, so unless Gallop was sweeping shit under the rug i dont see this going anywhere...

The problem for the NFL was that they were burying research. As far as i can tell, the ARLC has been as diligent as the research has allowed

(i doubt they can be held accountable for medical problems NO ONE knew about)


Cool story bro, but isn't he suing the Knights, not the NRL?

Knights management and competence aren't regularly used in the same sentence unless the words "complete lack of" are sandwiched in the middle.
 

Triple H

Juniors
Messages
24
Ya see here's the thing-uhh.

James McManus is a skinnyfat vanilla midget.

How dare he sue the game that made him-uhh? If he keeps heading down this blame concussion path, he could be the next Chris Benoit-uhh.
 

Hawkins

Juniors
Messages
1,993
Ya see here's the thing-uhh.

James McManus is a skinnyfat vanilla midget.

How dare he sue the game that made him-uhh? If he keeps heading down this blame concussion path, he could be the next Chris Benoit-uhh.

I've been meaning to ask, why does your forehead grow as you get older?

Are you special in some way?
 

mozza91

Coach
Messages
14,427
Ya see here's the thing-uhh.

James McManus is a skinnyfat vanilla midget.

How dare he sue the game that made him-uhh? If he keeps heading down this blame concussion path, he could be the next Chris Benoit-uhh.
Got any nudes of Steph from back in the day?
 

Perth Red

Post Whore
Messages
70,945
Isn't it the case that you can't waiver this sort of thing?

You can waiver your right to sue if something happens and you were aware of the risks of it happening but took the risks anyway. You cant waiver away negligence.

So if you break your leg (or neck) playing a high risk sport, was informed of the risk and chose to play it anyway then you cant sue. If you broke your leg, or neck, because where you played the sport didn't maintain the equipment or didn't enforce rules sufficiently to reasonably prevent the injury happening then you have a case.

Only case he would have is if the Knights did not follow the NRL's guidelines, and if they didn't then they deserve to be sued.
 

Canard

Immortal
Messages
35,999
You can waiver your right to sue if something happens and you were aware of the risks of it happening but took the risks anyway.

Are you sure? I've heard that waivers signed before things like white water rafting are not legally binding, and are used to just get people to take it seriously.

This could be an urban myth though.
 

Bazal

Post Whore
Messages
103,832
Are you sure? I've heard that waivers signed before things like white water rafting are not legally binding, and are used to just get people to take it seriously.

This could be an urban myth though.

You can still sue if you have signed a waiver, as far as I know. A waiver does not negate negligence, improper practices and such. It then becomes a question of whether the waiver covers whatever occurred, whether negligence played a part, etc.

I'm sure as shit not a lawyer though so I might be completely wrong
 
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