4. In More v. Bauer Nike Hockey Inc., is the corporation’s responsibility to warn of the limitations of the hockey helmet sufficient, as the B.C. Court of Appeal has put forward? In my opinion, not only the corporation’s responsibility to warn of the restrictions of the hockey helmet is sufficient, but the product design and manufacture are also important as well. The sale of hockey helmets is regulated in Canada by Health Canada under the Hazardous Products Act. And all amateur hockey players in Canada are required to wear helmets approved by Canadian Standards Association (CSA). Additionally, any helmet not approved by CSA is a prohibited product under the Hazardous Products and is illegal to sell these products in Canada. Further, we have strict …show more content…
This helmet affords no protection from the neck, spine, or certain types of brain injuries including those that may be caused by rotational forces. Severe head, brain, and spinal injuries, including paralysis or death may occur despite using this helmet.” (Boyd 213-215). The CSA warning sticker on Darren’s helmet cautioned that severe injury could occur despite the use of the helmet. Hence, in my point of view, the risk of injuries was clearly communicated to the public on the label. The plaintiff (Darren More) ignored the large CSA label present on the helmet that states that severe head and head injuries may occur despite wearing the helmet. It is clearly established, in this case that Darren More, who was severely injured failed to prove that Bauer Nike Hockey Inc. was negligent in their behavior, and in turn, the judges at the B. C Court of Appeal dismissed the case and no compensation was paid to him. The label on the helmet in question, in this instance, already has warnings that were reasonably communicated and clearly described any dangers that may arise while playing hockey, and the helmet was CSA certified, regulated by Health Canada under the Hazardous Products
Mr McKinnon must have, under the assumption of risk, known that there was a possibility for the risk of injury resulting in paralysis. Over data collected over a period of six years, showed that a total of 12 players in the rugby league code [1997 – 2002] have suffered from spinal injuries (Carmody D, et.al 2005.) This assumes that Alex must have known the possible risks and under the Civil Liability Act 2002, section 5G, “injured persons presumed to be aware of obvious risks.” Thus resulting in the assumption that he knew what could happen in such a high contact sport. Once again, this can be seen in the case Cafest v. Tombleson [2003] NSWCA 210. In this case Julianne Tombleson went roller-skating and broke her right wrist, claiming that she was not properly informed of the risks involved with the activity. However, the court found that there was a myriad of pre-emptive warnings to skaters such as highly visible signs that stated protection gear available for hire and that the rink centre will not be held legally liable to any injuries that may be sustained. This confirms and rectifies the concept of volenti non fit injuria. If the risks are clearly set out and known, one could not claim negligence for compensation, relating to the fact that Alex indisputably would have realised the potential
Contact is the main difference between men’s and women’s lacrosse. In the men’s game, body-checking is legal and is influenced by their coaches. While, in the women’s lacrosse , it is not. Because of the fewer amount of body contact compared to men’s here is far less protective equipment. This is why in it is a strict rule for girls to not have any body contact. As stated in the article, “You shouldn’t need a helmet playing women’s lacrosse because it should be skilled and controlled enough,” said Allen. “Women’s lacrosse is less contact” (...) This is proves why helmets are not needed for women's lacrosse. Contact of the head is simply off limits that an accidental force with the stick or body , within 7 inches of the head. This area is interfeared, usually known as the halo then you will be fouled. In concilion having no contact with the body or head is a large factor why girls shouldn't have more head gear/
Are current equipment regulations enough to keep our hockey athletes safe? I ask this after the life threatening injury that recently occurred here in Buffalo. However this isn’t the first time that the NHL (National Hockey League) has seen injuries of this magnitude. What were these injuries? How did they affect the NHL rules? What kind of rules are in place today? What is the NHL doing about neck guards? These questions and more will be answered as we take a look into NHL injuries, the history of equipment regulations, current equipment regulations, and the debate over neck guards.
They reasoned that since Barnett didn’t either argue against the dismissal of negligence claim at the time of its dismissal or include the claim in subsequent revisions, she had no support for her claim that the court had erred in dismissing her claim of negligence. The court also ruled that the language of section 3-108(b) of the Tort Immunity Act meant that complete, unconditional immunity was to be offered if supervision was present. As a result of this interpretation, the issue of if the lifeguards had committed willful and wanton misconduct was rendered irrelevant. Since the issues of material fact raised by the appellant weren’t actually issues of material fact, the Supreme Court affirmed the District and Appellate Court’s motion and subsequent affirmation of summary
First, the rules that are enforced are a great way of making the game safe for the players. There are rules like, not being allowed to tackle certain ways. For example, if you tackle someone from the back by pulling them, then that is said to be an illegal tackle. It is also said that it is illegal for someone to pull on others facemask when tackling. There are many others rules that are enforced in the game. Another one is the rule that says, Head to Head is not allowed. What that basically is that you cannot tackle someone by contacting your helmet to the opposing player. This rule makes it greatly safe because it reduces the numbers of injuries that occur to the head and the neck. The head is the key part of the human body. When someone hits another player with the helmet in the head, it reduces the risks of concussion and that can result to serious and severe body failures, including being...
The future of hockey protective equipment is closer than originally thought. New helmets and equipment designs aid in the protection of all skill level...
The goal is to achieve and to attain certain knowledge of concussions and proper helmet safety and to propose new suggestions to help decrease the incidence of sports-related concussions.
("N.F.L. Players’ Union Weighs the Benefits and the Pitfalls of Helmet Sensors. This technology helps prevent a player with a concussion that he doesn’t know about from continuing to play during that game and cause more damage to his head that can last forever. Another good advancement is helmets that have a design that uses energy-managing materials and a facemask attachment system that disperses energy from frontal impacts. This helps prevent the head from taking the main part of the blow and disperses the energy to lessen the likelihood of becoming seriously injured from a hit. These types of helmets have a certain shelf life meaning you can only use them for so many years before they have to be replaced, this is beneficial so that the equipment stays up to the new standards of safety for the players as well as prevents them from becoming stressed over the years and breaking.
6. No matter what helmet players are wearing they are all susceptible to concussions, especially if the rules to not protect player well enough.
Since the origin of sports, there are various levels of risk that come along with the game and the evolution of protective gear has dramatically increased with the hopes of decreasing the probability of injuries. These days high contact sports have their players covered with state of the art helmets protecting their heads and pads over half their bodies to that help reduce injuries. Sports like baseball and softball that don’t have as much physical contact limit their rules on safety requirements to catcher’s gear and batting helmets. However, a debate on whether further inclusion of protective gear should be implemented for specific positions in softball continues to be controversial, but the full incorporation of this requirement remains
When going over the studies it states that the most common types of ATV accidents are having to do with your waist and up (CPSC Blogger). During the years 2010 through 2011, thirty six percent of the accidents were head injuries. Also during this time, eighteen percent had injuries to their spinal cord and twenty-eight percent had head or neck injuries. It was found that sixty-six percent of the patients who were injured in the study were not wearing a helmet. Studies further suggest that helmets were known to lower the risk of fatal head injuries by as much as forty-two percent and the risk of nonfatal head injuries by as much as sixty-four percent. For example, “A child who runs into a tree riding a Big Wheel is very different from a child who runs into a tree driving an eight hundred pound ATV”(Mayo Foundation). My family members are very active outdoorsmen and it is a practice with my family to always make sure that everyone is aware of all the rules of driving an ATV as well as having all the appropriate equipment to ride the vehicle safely. Wearing a helmet is something that is stressed by my parents to have on at all times when operating the ATV. They also make sure that we are aware of the surroundings that we will be riding through on that day. So we do follow the above safety steps and ...
Helmets that are American Society for Testing and Materials (ASTM) certified are the only ones that are allowed in high school rodeo. As of now only two helmet companies are ASTM certified. These helmets are more expensive than the rest so, what these companies are doing is creating a monopoly. Tests on football helmets have proved that the most expensive helmets are not any better than cheap helmets. Bull riding is a dangerous sport, but we shouldn’t have to buy the most expensive ones.
This study showed that there was a significant difference in the amount of concussions between these two leagues. There were 69 teams consisting of 829 players from Calgary and Edmonton that participated in this research. Both of these areas allow body checking. The leagues that didn’t allow body checking were from Kelowna and Vancouver. There were 33 teams and 379 players from these two areas that participated in the study. This study classifies severe concussions as greater than ten days time loss from being eligible to participate in hockey. The research showed that there were 83 concussions and 53 severe concussions in the body checking league. However there were only 15 concussions and 10 severe concussions in the non-body checking leagues. The researchers suggest that there is a 60% lower risk of having a concussion or severe concussion in these non-elite Bantam teams when body checking is not allowed based on local
Bramley, H, C Kroft, D Polk, T Newberry, and M Silvis. 2012. Do Youth Hockey Coaches Allow Players With a Known Concussion to Participate in a Game? Clinical Pediatrics. (3): 283-287.
One of the biggest fears for a MLB player is to injure a fan as a result of one of their foul balls. Justin Verlander, pitcher for the Detroit Tigers, was asked the question about fan safety he said “It seems like something happens once a game, where a ball just misses a fan, inevitably, it’s always small kids or a woman that you know. It’s something that needs to be looked at, hopefully before someone’s life gets taken”. Fans and players alike are concerned for the overall wellbeing of the fans. The National Hockey League (NHL) had the same problem 20 years ago where pucks would fly up in the crowd striking and injuring fans.. The NHL was not concerned about he dangers until March 20, 2002 when sadly a puck went flying into the stands striking a 13-year-old girl and killed her. Immediately after this incident, the NHL made every hockey rink have safety netting up at both ends of the ice rink. Since then, there have been no incidences of fans being struck by pucks. The MLB needs to take a stand before someone’s life is