Washington Lawyer - September 2016 - 6

OUR MEMBERSHIP Q: With the kickoff of football season, we asked five Bar members what impact are concussions and the growing awareness of CTE having on contact sports, and what's the potential for liability suits? JACK H. OLENDER ELLEN ZAVIAN TONY BISCEGLIE Medical malpractice, Jack H. Olender & Associates Sports management, George Washington University A: A: Corporate governance and nonprofit organizations, Bisceglie & Walsh "To show liability, you have to determine who was involved. Doctors could be held responsible for sending players back into the game before having them thoroughly examined. The coaches can be legally involved, as well as the school. Professional and semi-professional teams could also be held responsible. I hope people wake up. This is dangerous." "As workers' compensation covers accumulative injury for players in some states, I believe the courts will rely on this and other accumulative injury workplace matters to assist in their decisions." A: "This is another example where the law has lagged behind the science. Although assumption of the risk poses a formidable defense to claims of personal injury by participants in high-risk sports, recent court cases seem to indicate that known risks should be communicated to such participants." What questions would you like to ask fellow Bar members? Email us at editorial@dcbar.org DEBORA FAJER-SMITH NATHAN FINCH Workers' compensation and personal injury, Joseph Greenwald & Laake, PA Complex civil litigation, Motley Rice LLC A: "What concerns me is the liability for those putting our youth at risk. Where does the risk and payout come when school boards have no money? Kids will always want to play football!" 6 WASHINGTON LAWYER * SEPTEMBER 2016 * Compiled by Tracy Schorn A: "Reform won't come from better equipment. You can't redesign the human brain to prevent concussions. The changes will come in how the game is played, and how much contact is allowed." Photos: Jack Olender courtesy of Jack Olender, Ellen Zavian courtesy of Ellen Zavian, Tony Bisceglie courtesy of Bisceglie & Walsh, Debora Fajer-Smith courtesy of Joseph Geenwald & Laake PA, Nathan Finch courtesy of Motley Rice LLC http://www.dcbar.org/

Table of Contents for the Digital Edition of Washington Lawyer - September 2016

Contents
Washington Lawyer - September 2016 - Cover1
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Washington Lawyer - September 2016 - 1
Washington Lawyer - September 2016 - Contents
Washington Lawyer - September 2016 - 3
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Washington Lawyer - September 2016 - Cover4
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