NFL  > General NFL  > Seau Family Lawsuit - Worthy or Witchhunt?
January 28, 2013, 03:55 PM
The results came back from the National Institutes of Health's (NIH) analysis of Junior's brain. They found that he suffered from the degenerative brain disease Chronic Traumatic Encephalopathy (CTE) which is caused by repetitive head injuries. Not terribly surprising in 2013 given his 20 head-banging years in the NFL and the increased knowledge we have today. 10 years ago one might have been surprised to know this.

After those results came back, Seau's family wasted no time in filing their wrongful death lawsuit against the NFL and helmet manufacturer Riddell Inc., accusing the NFL of "acts and omissions" that concealed the risk of repeated hits to the head and of actively promoting violence and monster hits "as a badge of courage which does not seriously threaten one's health." As for Riddell, the suit alleges the helmets were unreasonably dangerous and unsafe and the company was "negligent in their design, testing, assembly, manufacture, marketing and engineering of the helmets" used by NFL players.

This lawsuit and the suit brought last summer by 2,000 former NFL players against the League pose some very interesting legal questions:

1) Do players "assume the risk" when they partake in an inherently dangerous activity such as NFL football?

2) Does the NFL have a duty to protect the players in light of the inherently dangerous nature of the game?

3) What happens if the NFL had information re CTE but knowingly and actively concealed it?

4) Does a win for the plaintiff in this lawsuit open Pandora's Box for all extreme sports participants, the associations they perform for, and the manufacturers whose equipment they use?

5) Will a race car driver who runs into a wall or burns in a fire have a valid cause of action against the maker of his helmet or fire protective suit? What happens when "state of the art" is not good enough to save a life or prevent a debilitating head injury?

6) Aren't players already highly compensated for taking the increased risk of NFL football, or is the compensation just for their skills and recognition that longevity in the sport is rare? Should they receive more $ for signing a release before they can play Game 1 in the NFL?
Comment #1 has been removed
January 28, 2013  04:21 PM ET

the NFL will /should eventually $et aside [$1-billion] to settle ALL claims and study the impact of concussions/safety in the future,.....i read they have $100-million [studies,tests,research] alotted for ,now.

January 28, 2013  05:09 PM ET

First off, R.I.P. Seau, a great player and leader.

But the lawsuit is junk. He got paid good money that most of us will never see. All while playing a sport he knew was violent, not just that, but he played the position that makes the most violent plays. Now his family wants the NFL to take the heat for his death? Why stop there? They should sue the maker of the guns and bullets. They should sue the state for allowing him a permit to own a gun. This is the biggest load of crap in my opinion. I guess if Syeve Young were to commit suicide it would be because of the hits he took in the NFL?

Forgive me if I seem insensitive, but these kind of lawsuits erk the hell out of me. Let the man rest in peace and quit trying to make excuses for the loss.

January 28, 2013  05:25 PM ET

These players know full well the type of game they play and the consequences that go with it. Many players are more than willing to jeopardize their long term health for a chance at glory and high financial reward. There are plenty of attorneys in this nation just chomping at the bit to find any type of issue for personal financial gain.

January 28, 2013  05:32 PM ET

Jr. himself stated his family used him like an ATM. Now that the money machine has dried up they sue, not very surprising.

A former player last week (can't remember the name) said they had a collision during practice one time that they both felt for weeks. That the mentality in those days it was a badge of honor.

Like always things change, and like always people (in this case lawyers) (if you can call those cockroaches people) are going to change the rules of a distant past to fit today's thinking.

Comment #6 has been removed
January 29, 2013  08:23 AM ET
QUOTE(#6):

It seems unlikely that the players know full well the consequences of playing in the NFL. Researchers don't yet understand the consequences fully, and their work is ongoing.

I think the same goes for the NFL FO too.

January 29, 2013  08:33 AM ET

For players that played before any of the medical findings that we know about today, I don't see where they have any case. You can't prevent something you don't know about. For current players, if they can prove the league had information before they started playing in the league, they may have a case, but that also begs the question, these players have been playing for years, so when did they suffer their injuries? middle school, high school, college, pros? How will that ever be proven? Maybe someday.

January 29, 2013  09:39 AM ET
QUOTE(#3):

First off, R.I.P. Seau, a great player and leader.But the lawsuit is junk. He got paid good money that most of us will never see. All while playing a sport he knew was violent, not just that, but he played the position that makes the most violent plays. Now his family wants the NFL to take the heat for his death? Why stop there? They should sue the maker of the guns and bullets. They should sue the state for allowing him a permit to own a gun. This is the biggest load of crap in my opinion. I guess if Syeve Young were to commit suicide it would be because of the hits he took in the NFL?Forgive me if I seem insensitive, but these kind of lawsuits erk the hell out of me. Let the man rest in peace and quit trying to make excuses for the loss.

but duke,.....back in those early-years even after helmuts were better [1980's-early-90's] , if you complained you were cut, traded,....or blackballed,.....yu [s]ukked it up and did what you were told = like a robot,.........yes , they did make a deal with the devil [pain-for-gain/$], ....but the NFL should have some responsibility to these ex/current players who are and will be vegetables in their 50's/60's,.....m.-op..,.....and they [NFL] are finally changing the rules, and keeping players safer with this law$uit.

January 29, 2013  10:32 AM ET

players assume the risks regardless of any studies revealing new information. the NFL has a responsibility to make the game as safe as they can (updates to equipment, update rules, etc.) but nobody is forced to participate and they know that any play could be their last or result in permanent injury. it's part of the risk in this sport. no disrespect to junior or any player, but these guys live a life of fame and huge paychecks. if the rewards do not seem worth it they should not play or they should cut their careers short. the lawsuit is a witchhunt!!

January 29, 2013  10:39 AM ET

like i heard on a show yesterday,......the NFL [in the future] should make every new player/rookie sign a ~waiver~ before stepping on the field..?

January 29, 2013  10:45 AM ET
QUOTE(#4):

These players know full well the type of game they play and the consequences that go with it. Many players are more than willing to jeopardize their long term health for a chance at glory and high financial reward. There are plenty of attorneys in this nation just chomping at the bit to find any type of issue for personal financial gain.

Spot on GnG, this is like those people that smoke all their lives and sue the cigarette companies when they get lung disease even though there is a warning label on every pack. Lawyers are getting rich representing these people.

January 29, 2013  10:47 AM ET
QUOTE(#12):

Spot on GnG, this is like those people that smoke all their lives and sue the cigarette companies when they get lung disease even though there is a warning label on every pack. Lawyers are getting rich representing these people.

Spot on!!

Greed and Lawyers hand in hand.

January 29, 2013  11:04 AM ET
QUOTE(#3):

First off, R.I.P. Seau, a great player and leader.But the lawsuit is junk. He got paid good money that most of us will never see. All while playing a sport he knew was violent, not just that, but he played the position that makes the most violent plays. Now his family wants the NFL to take the heat for his death? Why stop there? They should sue the maker of the guns and bullets. They should sue the state for allowing him a permit to own a gun. This is the biggest load of crap in my opinion. I guess if Syeve Young were to commit suicide it would be because of the hits he took in the NFL?Forgive me if I seem insensitive, but these kind of lawsuits erk the hell out of me. Let the man rest in peace and quit trying to make excuses for the loss.

If it was your brother, how would you feel? Your Uncle? Your son...? How about your Dad? How would you feel?

January 29, 2013  11:05 AM ET
QUOTE(#8):

For players that played before any of the medical findings that we know about today, I don't see where they have any case. You can't prevent something you don't know about. For current players, if they can prove the league had information before they started playing in the league, they may have a case, but that also begs the question, these players have been playing for years, so when did they suffer their injuries? middle school, high school, college, pros? How will that ever be proven? Maybe someday.

....lawyerspeak...

But true.

January 29, 2013  11:41 AM ET
QUOTE(#15):

....lawyerspeak...But true.

Morning' Sweets!! You know lawyers are going to be getting big bucks on this thing.

January 29, 2013  11:47 AM ET
QUOTE(#3):

Forgive me if I seem insensitive, but these kind of lawsuits erk the hell out of me. Let the man rest in peace and quit trying to make excuses for the loss.

Excuses? the medical community has already linked the sort of brain damage he suffered to depression and other illnesses, which can, and has led to suicides. Excuses?? Really?????

January 29, 2013  12:02 PM ET
QUOTE(#8):

For players that played before any of the medical findings that we know about today, I don't see where they have any case. You can't prevent something you don't know about. For current players, if they can prove the league had information before they started playing in the league, they may have a case, but that also begs the question, these players have been playing for years, so when did they suffer their injuries? middle school, high school, college, pros? How will that ever be proven? Maybe someday.

any and every ex/current player that stepped on an NFL-field prior to this case/study should have a legal/suit [here],.....i'm sure the le$$-fortunate [non-superstars] were the first to sign this lawsuit.

January 29, 2013  12:05 PM ET

.......this'll probably drag-on for the next 9-years, till the next bargaining-agreement,........then everyone will have to sign a ~waiver~ to play [?].

 
January 29, 2013  12:33 PM ET
QUOTE(#16):

Morning' Sweets!! You know lawyers are going to be getting big bucks on this thing.

Lawyers will be the biggest profiteers. I guess the Seau family feels it is easier to sue the NFL than the NRA.

Like I said before, why aren't they suing Pop Warner Football, All High Schools in America, All Colleges in America, and the makers of NFL protective gear, after all they are the ones that tested and made the helmet and vouched for its protectiveness. When I played football in High School there were no air or water pocket padding or foam rubber in the helmet, only a nylon web to fit your head.

Last night I heard Bill Romanowski address the situation. His contention is that after every person is concussed that they should be placed in a Hyperbaric Chamber so that blood circulation carrying oxygen to the brain is not impeded. This would cut down dramatically the amount of damage a concussion causes to the brain. Maybe the NFL should look into demanding that the sports equipment be made better and that treatment facilities with hyperbaric chambers be at the stadium and the train facilities. I do not think the NFL has deliberately placed players in harms way, just the opposite is true, owners have millions invested in players and everything from better shoes, turf, mouth pieces and sports medicine in general has improved dramatically for one reason only and that is player safety. Like I said before, even if a guaranteed protective helmet cost $1 million per helmet, it would be cost effective for High Schools, NCAA and the NFL to buy those helmets considering the amounts of money football generates.

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