Introduction
Following the verdict in the Louis Lupo v Diego Toro [2015] case this paper will investigate occurrences of on the ball offenses so as to evaluate if either Lupo or Toro have justification for their proposed actions. This report will look at other similar cases with these sorts of injuries and what the law says the correct disciplinary action is. In most cases these sorts of injury causing acts have not been sufficiently grave to warrant censurability and were better managed internally by the governing body or by common law. Despite the fact that footballer Mark Chapman went to prison for a tackle that brought about injury to another player, has made individuals address this perspective.
Facts
During a football match between
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. Inside games rivalry, carelessness is the most widely recognised reason for individuals who endure physical or mental mischief or harm. Everybody who takes part in any type of sport, be it as a beginner or an expert, which confronts others, runs the danger of injury (Hutson and Speed, 2011), and the task which legal advisors face is to recognise those injuries which the participant must acknowledge as 'work related dangers ' and those which may look for remuneration. Negligence requires three core elements: breach of duty, duty of care, and damages (Beloff et al, 2012). The interpretation reckless disregard is the expression that made a lot of entanglement in the lawful circle and maybe, additionally the future choices in the Courts, as it seems, by all accounts, to be an unequivocal explanation in regards to what is seen as a slip of judgment or a breach of ability are sufficient to support a charge of negligence and the courts have not paid heed to the relevance of the phrase 'careless disregard ' in the important cases related to negligence, for example, in the key case of Smolden v Whitworth [1997], in April 1996, Curtis J discovered the official liable, however chose that, Thomas Whitworth, did not cause the injury and that the Smolden was not liable for contributory negligent. The official lost his appeal in December 1996. Ben …show more content…
In the wake of investigating this case if Toro does decide to take legal action then he will most likely be have a good case. Criminal Law should be able to be put in action when an atrocity is caused in sports such as football. Competitors should not be exempt from criminal law. As this damage was an on the ball occurrence it is harder to differentiate between extreme challenges that happen seemingly out of the blue and a savage tackle. Nevertheless, a case like this is better dealt with as negligence.
On the other hand, Lupo has a strong case to be able to challenge the decision given to him by the disciplinary committee, as long he can demonstrate it was an unfair hearing.
Furthermore, he will most likely lose his appeal for his punishment being disproportionate due to the seriousness of the injury caused. A good example of this is the Roy Keane case in 2002 when he got £150,000 fine and five-match ban after he had deliberately injured another player (BBC News, 2002). However this is hard to tell, as all the evidence is not stated. For example a big part missing to this is the referees report, which is important, as it will give more of an indication on the players mentality when making the tackle. It is for this reason I have given this
The appeal was heard in The NSW Supreme Court, Court of Appeal. The appellant appealed the issue of “blameless accidents” therefore providing new evidence, with the view that the preceding judge made an error recognising the content and scope of duty of care. He also noted the breach of duty of care and causation .
Representing the defence, the nature of this case regards clams that the NRL was negligent in relation to Alex’s three way tackle in a game between the Newcastle Knights and the Melbourne Storm. This tackle saw Alex come into contact with Jordan McLean, Jesse Bromwich, and Kenny Bromwich, in which he was lifted up and awkwardly landing on
Note and answer to yourself, the factor that are involved at the incident, the mechanisms and circumstances on the injury, as well as the extent and type of injury. Assessing the situation identify what happened, a number of people involved, as their age, there is a child and or elderly.
Playing football comes with great costs, including physical and mental health deterioration, plus the amount of time spent prepping before game day. Which can pose several questions, “Why suffer for a game, is it worth the money? Is it worth the fame? How great is the cost?” I believe that football, should have stricter regulations for the treatment of injuries, along with informing players of just how devastating a concussion can be, along with the other major injuries that commonly occur while playing football.
Similarly, we discussed the Koffman v. Garnett case in class when Richard and Rebecca Koffman, on the behalf of Andrew, sued Garnett in a Virginia court for gross negligence, assault, and battery. The situation was that Coach Garnett used Andrew Koffman in a tackling demonstration. Therefore, he then proceeded to pick him up 2 feet off the ground and threw him to the ground, injuring him to break his arm. Nevertheless, a sport manager should ultimately realize that liability is a serious risk for any organization and should be extremely careful of the situations by not putting themselves at risk for any liability, since they can face a civil lawsuit or criminal prosecution to the fullest extent of the law for their negligent behavior by harmfully injuring another
Gevinson, Matilda. Ethical Rules on Sport’s Justice. Dallas: East Dallas Times, page 21. 2008. Print
The refinement of this definition has significant legal implications, as it broadens the scope of those who can sue within blameless accidents. Prior to this, such victims would also face being labelled with “fault”. Supporting the findings of Axiak, by establishing non-tortious conduct as separate from “fault”, similar, future cases are more likely to proceed despite the plaintiff’s contributory
Injuries are common in most sports that have a contact component attached. Whether it’s at a professional level, or a school level, injuries are always bound to occur in contact sport. This analysis will look into the role headgear could, should and would play, and debates whether it should be made mandatory. Olympic sports such as Ice Hockey, Bicycle Riding and Baseball are just some examples that currently require athletes to wear a form of headgear. However, Australian contact sports such as AFL and Rugby give the option for players to wear headgear for protection. In 2011, 14 year old Ben Robinson was hospitalised after being treated 3 times in a game for head blows in a rugby game . In 1994, professional boxer Bradley Stone died from head injuries whilst boxing against Richie Wenton . Examples like these show the brutality of contact sports. Because of this, my paper will look at the issue of headgear in contact sport and will particularly look at this issue at junior sports level.
For the safety of the players in the present and future, a stricter concussion protocol should be required at all levels of football. Though improvements have been made, the game of football is constantly changing and the protocol needs to keep up with the changes. Today’s athletes are bigger, stronger, and faster than ever before: "Size and physical conditioning techniques in sports at all levels have evolved to create an intense athlete. They 're able to create more force, power and speed than ever before and that leads to harder hits and a greater number of hits" (Neporent). These advances in training have led to a more dangerous sport. The protocol has improved in recent years along with an emphasis on player safety, but the increasing numbers of players with long-term effects of concussions show there is still work to be done.
Football is one of the most popular sports in the world. It is played in a lot of different ways, fashions, and other countries. It can be a very brutal sport with players hitting at the intent to hurt one another. With these intents come great consequences. In recent years the head injuries involved with this brutal game play have been getting uncomfortably high. Many rules have had to be enforced for player safety, because of the increase of head injuries resulting in tragic effects on players both old and new. One of the injuries that have had the most devastating effects is the concussion.
The Nfl try's and does the most they can. There will never be a way not to have head injuries because its just a way of life, the players should know what they are getting themselves into. Endless legal agreements
football players suffer from, players should protect themselves at all cost on and off the football
In the legal aspect of things, the NFL can be held responsible for these injuries. It is not up to the players themselves to be provided the equipment that they wear, it’s the NFL’s. If this equipment is faulty, or is not protecting the players as they should, then they need to accept responsibility for this. Many have said it’s the players fault because they choose to do this line of work. They may have chosen the job, but they did not choose to get hurt in such a significant manner. As previously stated, this is another class act of getting hurt on the job.
The new rules to Football are much stricter than they used to be. Some rules that have changed include changes to the Red and Yellow cards, usage of a fourth referee, changing of the ball and cleats, prohibition of physical violence during games, and specific rules and regulations. Before, many people did not play Football with rules, they just played for fun, therefore the invention of the Red and Yellow card greatly advanced the competitive aspect of Football. Along with this, people did not always use the balls and cleats that we’ve used today, they used animal skins stuffed with light-weight materials and regular shoes. Now, professional Football players are required to wear specific kinds of cleats and are required to use footballs that are a certain size and meet the standard requirements. Since many people used to play for fun, there was much violence when it came to who ...
In today’s society, especially sporting activities involving youth and young adults, it is imperative to ensure the safety of those involved. When an individual is injured either physically, emotionally or both, there is the concern of legal action towards coaches and the association conducting the sporting activity (Wolohan, 2013). The litigious culture that Americans live under has produced a heightened awareness to avoid negligence in athletic activities through proper training and education (Wolohan, 2013). Negligence is defined as an unintended accident that has caused injury to a person or material goods without a premeditated plan of action to cause pain and suffering (Yiamouyiannis, 2008). For that reason, the