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/
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