Not Just the NFL: Compensation, Litigation, and Public Health in Concussion Cases

Florida International University Law Review, Vol. 8, No. 1, 2012

Widener Law School Legal Studies Research Paper No. 13-19

17 Pages Posted: 16 May 2013  

John G. Culhane

Widener University - Delaware Law School

Date Written: 2012

Abstract

This article examines the recent attention given to traumatic head injury in the National Football League from a public health perspective. It notes that injuries are prevalent in many sports (not just football), and argues that the goal should be to design interventions that reduce the incidence and severity of such injuries. The article explores and evaluates some of the measures that have been taken throughout football (from the NFL down through youth leagues) to make the sport safer, and notes how these steps also affect other sports and injuries to other parts of the body. Since football and other dangerous sports are unlikely to be eliminated, harm reduction should be the goal. Taken together, these measures are likely to be successful by that measure.

The article concludes with some observations about the use and limitations of tort claims and compensation funds to redress the harms caused by participation in dangerous sports such as football.

Keywords: head injury, football, concussions, health law, liability, torts, tort law, NFL, National Football League

JEL Classification: K13

Suggested Citation

Culhane, John G., Not Just the NFL: Compensation, Litigation, and Public Health in Concussion Cases (2012). Florida International University Law Review, Vol. 8, No. 1, 2012; Widener Law School Legal Studies Research Paper No. 13-19. Available at SSRN: https://ssrn.com/abstract=2265484

John G. Culhane (Contact Author)

Widener University - Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States
(302) 477-2107 (Phone)
(302) 477-2255 (Fax)

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