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Sports Law
By: George Carlton
What is Sports Law?
   Sports law is an all-
    encompassing term
    that describes the law
    and how it relates to
    sports.
   Sports Law can
    include torts, anti-trust
    laws, constitutional,
    trademark, and many
    other legal issues.
Torts Law and its relation to Sports
               Law
   Majority of torts cases
    in Sports Law relate
    to product liability
    and/or negligence.
   The most common
    examples of these are
    sports related injuries
    caused by negligence
    by either a company
    or school/league.
Why This is Important to Me
   I grew up playing and
    continue to play multiple
                                       This is something the
    sports and believe it’s a great     public needs to know
    way to build friendships and
    teach children some life            more about in my
    lessons. The idea that              opinion.
    companies are not warning
    consumers about possible
    flaws with their products and
    much worse, knowingly
    producing flawed products
    that are putting young kids
    well-being at risk is sickening
    to me.
Product Liability
   The term product
    liability is a pretty self
    explanatory term that
    refers to a company’s
    responsibility to make
    their product safe for
    consumers and/or
    make consumer’s
    aware of all faults the
    product may present.
So what? Why is this such a big
       deal on a national level?
   On a yearly basis,              Chances are you will one
    thousands of children,           day have a child that
    teens, and adults suffer         participates in some sort
    injuries, sometimes              of sport so we need to
    permanent or life-               make sure these
    threatening, that are            companies are putting all
    caused by companies not          of the proper information
    fully informing the public       out there and taking the
    of information regarding         proper steps to make
    specific products.               their products as safe as
                                     possible.
Edward Acuna v. Riddell Sports
   17-year old football Inc.
    player from Pomona,
    California.
   Was tackled, lost
    consciousness on
    field and taken to the
    hospital where he
    was diagnosed with a
    left subdural
    hematoma in 2009.
   Injuries resulted in
    permanent brain
    damage and partial
    paralysis
Edward Acuna v. Riddell Sports
                 Inc. cont’d
   The family claims that
    the injuries were due to
    a faulty pad on the front
    part of the helmet
    where Edward was hit.
   In the same accusation
    the family claims that
    Riddell knew of the
    defective pad since
    2000 yet failed to
    inspect and make
    adjustments to their
    product.
   The public was never
    informed of this defect.
Edward Acuna v. Riddell Sports
             Inc. cont’d
   The lawsuit is seeking       At the time of this
    unspecified damages           presentation, the legal
    against Riddell and its       process is still
    subsidiaries for              ongoing with no
    product liability, and
    for punitive damages          conclusion reached.
    for the manufacturing
    and distribution of a
    defective helmet
    without proper
    warning.
More Court Cases Against Riddell
   Unfortunately,
    Edward Acuna was
    not the only case
    regarding the safety
    of Riddell’s helmets.
   As proven by the next
    court case, Riddell
    has had documented
    legal issues regarding
    their helmets since
    1995
Jose Rodriguez v. Riddell Sports
                 Inc.
   15 year-old high school
    football player from Texas
    who lost consciousness
    in 1995 after being
    tackled and was
    immediately taken to the
    hospital.
   Was diagnosed with
    subdermal hematoma
    (like Edward Acuna)
   Suffered permanent brain
    damage and lives in
    vegetative state.
Jose Rodriguez v. Riddell Sports
              Inc. cont’d
   Much like Acuna’s
    case, the family of
    Jose Rodriguez sued
    Riddell Sports on the
    strict liability claim
    that they knowingly
    manufactured and
    sold an unsafe
    helmet.
Jose Rodriguez v. Riddell Sports
              Inc. Ruling
   The court initially         Riddell questioned
    ruled in Rodriguez’s         the school’s decision
    family’s favor and           to provide the players
    awarded them $14.62          with reconditioned
    million in the verdict       helmets as opposed
    but was reversed due         to buying new
    to an appeal.                helmets. After the
                                 remanded trial,
                                 Riddell was still liable
                                 for $11 million in
                                 damages.
Negligence
   After reading the appeal         The findings were
    in Rodriguez’s trial that         definitely a cause for
    the school might have             concern as there were
    been at fault I wanted to         multiple instances of
    research schools and              coaches ignoring signs of
    coaches to see if they            head and brain injuries
    were fully doing their part       and allowing players to
    in protecting the youth           continue playing. The one
    participating in football.        that stood out to me was
                                      the case of Zackery
                                      Lystedt.
Story of Zackery Lystedt
   Zack Lystedt was a normal 13 year-old middle
    school football player from Washington. He
    suffered a concussion in the first half after
    making a tackle. At his coach’s discretion, he
    was allowed to play in the second half in which
    he endured multiple more traumatic hits to the
    head which led to brain swelling and resulted in
    “Second Impact Syndrome”.


http://www.youtube.com/watch?v=z5aoc08U7xs
Story of Zackery Lystedt cont’d.
   Flown to the nearest
    hospital that could treat him.
   Surgeons were able to
    reduce brain swelling but
    were unable to prevent
    Zackery from being
    permanently disabled.
   Zack spent a total of 93
    days and took him 9 months
    to speak again.
   The neurosurgeon said if
    Zackery was taken out after
    the first tackle, he would not
    be permanently disabled.
Zackery Lystedt Story cont’d
   Today, after 5 years of
    rehabilitation, Zackery is able to
    perform most functions that a
    normal 18 year-old can despite his
    permanent brain damage. Despite
    taking 3 years after his injury to
    even stand up, Zackery is
    beginning to walk again with the
    help of a cane.
    In 2011, with the help of his
    friends, Zackery was able to walk
    across the stage at his high school
    graduation.
The Zackery Lystedt Law
   Although there were
    no formal charges
    filed against his
    coach, the efforts of
    the Lystedt family and
    the town of Tahoma
    Creek, Washington
    led to the passing of
    the Zackery Lystedt
    Law which provided
    young athletes that
    showed signs of
    concussions with
    protection.
The Zackery Lystedt Law
   If a player shows symptoms
    of a concussion they MUST
    be removed from the game.
   They may not return to
    practice or a game until they
    have been cleared by a
    “licensed health care
    professional”.
   The law was passed
    unanimously and put into
    effect in Washington on May
    13th, 2009.
Nationwide Effects of the Zackery
              Lystedt Law
   The National Football
    League and
    Commissioner Roger
    Goodell led the
    nationwide support of the
    Zack Lystedt law and led
    the movement to get this
    put into law in all 50
    states.
   Today, the Zackery
    Lystedt Law is in effect in
    34 of 50 states with many
    more sure to come.
Conclusion
   I believe we as a society      Sports are becoming
    have a responsibility to
    make playing sports for         safer and safer
    young athletes as safe as       everyday but we need
    possible. Whether it be         to continue the path
    providing them with the         we have set and
    best safety equipment or
    making sure they are            make sure these
    healthy before taking the       companies are not
    field, we have to make          knowingly putting out
    sure we do not have any
    more cases like the ones        defective gear.
    presented.
Sources
   http://www.nhbar.org/uploads/pdf/BJ-Autumn2011-Vol52-No3-Pg26.pdf
   http://www.morelaw.com/verdicts/case.asp?n=B-CV-96-177&s=TX&d=6585
   http://www.youtube.com/watch?v=wb6Bm5skuBA
   http://www.salient-news.com/2010/08/high-school-football/
   http://www.traumatic-brain-injury-lawfirm.com/acuna_lawsuit.php
   http://usafootball.com/news/featured-articles/three-years-later-lystedt-law-protects-young-athletes-34-states-and-
    dc
   http://www.sportsconcussions.org/signing-lystedt-law.html
    http://www.youtube.com/watch?v=z5aoc08U7xs
    http://www.nflevolution.com/wordpress/wp-content/uploads/2012/08/610_250_Zac.jpg
    http://www.seeklogo.com/images/R/Riddell-logo-3D735E7E1C-seeklogo.com.gif
    http://www.nlelaw.com/three-years-later-where-is-the-zackery-lystedt-law/

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Sports law

  • 2. What is Sports Law?  Sports law is an all- encompassing term that describes the law and how it relates to sports.  Sports Law can include torts, anti-trust laws, constitutional, trademark, and many other legal issues.
  • 3. Torts Law and its relation to Sports Law  Majority of torts cases in Sports Law relate to product liability and/or negligence.  The most common examples of these are sports related injuries caused by negligence by either a company or school/league.
  • 4. Why This is Important to Me  I grew up playing and continue to play multiple  This is something the sports and believe it’s a great public needs to know way to build friendships and teach children some life more about in my lessons. The idea that opinion. companies are not warning consumers about possible flaws with their products and much worse, knowingly producing flawed products that are putting young kids well-being at risk is sickening to me.
  • 5. Product Liability  The term product liability is a pretty self explanatory term that refers to a company’s responsibility to make their product safe for consumers and/or make consumer’s aware of all faults the product may present.
  • 6. So what? Why is this such a big deal on a national level?  On a yearly basis,  Chances are you will one thousands of children, day have a child that teens, and adults suffer participates in some sort injuries, sometimes of sport so we need to permanent or life- make sure these threatening, that are companies are putting all caused by companies not of the proper information fully informing the public out there and taking the of information regarding proper steps to make specific products. their products as safe as possible.
  • 7. Edward Acuna v. Riddell Sports  17-year old football Inc. player from Pomona, California.  Was tackled, lost consciousness on field and taken to the hospital where he was diagnosed with a left subdural hematoma in 2009.  Injuries resulted in permanent brain damage and partial paralysis
  • 8. Edward Acuna v. Riddell Sports Inc. cont’d  The family claims that the injuries were due to a faulty pad on the front part of the helmet where Edward was hit.  In the same accusation the family claims that Riddell knew of the defective pad since 2000 yet failed to inspect and make adjustments to their product.  The public was never informed of this defect.
  • 9. Edward Acuna v. Riddell Sports Inc. cont’d  The lawsuit is seeking  At the time of this unspecified damages presentation, the legal against Riddell and its process is still subsidiaries for ongoing with no product liability, and for punitive damages conclusion reached. for the manufacturing and distribution of a defective helmet without proper warning.
  • 10. More Court Cases Against Riddell  Unfortunately, Edward Acuna was not the only case regarding the safety of Riddell’s helmets.  As proven by the next court case, Riddell has had documented legal issues regarding their helmets since 1995
  • 11. Jose Rodriguez v. Riddell Sports Inc.  15 year-old high school football player from Texas who lost consciousness in 1995 after being tackled and was immediately taken to the hospital.  Was diagnosed with subdermal hematoma (like Edward Acuna)  Suffered permanent brain damage and lives in vegetative state.
  • 12. Jose Rodriguez v. Riddell Sports Inc. cont’d  Much like Acuna’s case, the family of Jose Rodriguez sued Riddell Sports on the strict liability claim that they knowingly manufactured and sold an unsafe helmet.
  • 13. Jose Rodriguez v. Riddell Sports Inc. Ruling  The court initially  Riddell questioned ruled in Rodriguez’s the school’s decision family’s favor and to provide the players awarded them $14.62 with reconditioned million in the verdict helmets as opposed but was reversed due to buying new to an appeal. helmets. After the remanded trial, Riddell was still liable for $11 million in damages.
  • 14. Negligence  After reading the appeal  The findings were in Rodriguez’s trial that definitely a cause for the school might have concern as there were been at fault I wanted to multiple instances of research schools and coaches ignoring signs of coaches to see if they head and brain injuries were fully doing their part and allowing players to in protecting the youth continue playing. The one participating in football. that stood out to me was the case of Zackery Lystedt.
  • 15. Story of Zackery Lystedt  Zack Lystedt was a normal 13 year-old middle school football player from Washington. He suffered a concussion in the first half after making a tackle. At his coach’s discretion, he was allowed to play in the second half in which he endured multiple more traumatic hits to the head which led to brain swelling and resulted in “Second Impact Syndrome”. http://www.youtube.com/watch?v=z5aoc08U7xs
  • 16. Story of Zackery Lystedt cont’d.  Flown to the nearest hospital that could treat him.  Surgeons were able to reduce brain swelling but were unable to prevent Zackery from being permanently disabled.  Zack spent a total of 93 days and took him 9 months to speak again.  The neurosurgeon said if Zackery was taken out after the first tackle, he would not be permanently disabled.
  • 17. Zackery Lystedt Story cont’d  Today, after 5 years of rehabilitation, Zackery is able to perform most functions that a normal 18 year-old can despite his permanent brain damage. Despite taking 3 years after his injury to even stand up, Zackery is beginning to walk again with the help of a cane.  In 2011, with the help of his friends, Zackery was able to walk across the stage at his high school graduation.
  • 18. The Zackery Lystedt Law  Although there were no formal charges filed against his coach, the efforts of the Lystedt family and the town of Tahoma Creek, Washington led to the passing of the Zackery Lystedt Law which provided young athletes that showed signs of concussions with protection.
  • 19. The Zackery Lystedt Law  If a player shows symptoms of a concussion they MUST be removed from the game.  They may not return to practice or a game until they have been cleared by a “licensed health care professional”.  The law was passed unanimously and put into effect in Washington on May 13th, 2009.
  • 20. Nationwide Effects of the Zackery Lystedt Law  The National Football League and Commissioner Roger Goodell led the nationwide support of the Zack Lystedt law and led the movement to get this put into law in all 50 states.  Today, the Zackery Lystedt Law is in effect in 34 of 50 states with many more sure to come.
  • 21. Conclusion  I believe we as a society  Sports are becoming have a responsibility to make playing sports for safer and safer young athletes as safe as everyday but we need possible. Whether it be to continue the path providing them with the we have set and best safety equipment or making sure they are make sure these healthy before taking the companies are not field, we have to make knowingly putting out sure we do not have any more cases like the ones defective gear. presented.
  • 22. Sources  http://www.nhbar.org/uploads/pdf/BJ-Autumn2011-Vol52-No3-Pg26.pdf  http://www.morelaw.com/verdicts/case.asp?n=B-CV-96-177&s=TX&d=6585  http://www.youtube.com/watch?v=wb6Bm5skuBA  http://www.salient-news.com/2010/08/high-school-football/  http://www.traumatic-brain-injury-lawfirm.com/acuna_lawsuit.php  http://usafootball.com/news/featured-articles/three-years-later-lystedt-law-protects-young-athletes-34-states-and- dc  http://www.sportsconcussions.org/signing-lystedt-law.html http://www.youtube.com/watch?v=z5aoc08U7xs http://www.nflevolution.com/wordpress/wp-content/uploads/2012/08/610_250_Zac.jpg http://www.seeklogo.com/images/R/Riddell-logo-3D735E7E1C-seeklogo.com.gif http://www.nlelaw.com/three-years-later-where-is-the-zackery-lystedt-law/