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Touchline • Issue 18 • 31
THE AFL would be at risk of a class action if its rules didn’t
protect players from head injuries like those suffered by Tom
Lynch in his collision with Jack Viney, a leading Melbourne
sports lawyer said.
Viney was controversially suspended for two matches by the
AFL Tribunal after laying a bump on Adelaide’s Lynch last
Saturday that left the Crow with a broken jaw.
The Melbourne youngster’s suspension sparked a sense of
disbelief among some current and former players, who viewed
it as an unavoidable football accident.
But Paul Horvath, the principal lawyer of specialist firm Sports
Lawyer, told AFL.com.au on Wednesday that the AFL had a legal
obligation to make rule changes like the one introduced this
year that made players bumping liable for injuries caused by
accidental head clashes.
Horvath said if the AFL did not act in this way to reduce the
risks of concussion, head, neck and spinal injuries, it could face
a similar class action to the $765 million suit being brought
against America’s National Football League by more than 4500
retired players with traumatic brain injuries.
Horvath said the League had been “well ahead of the game” for
some time in monitoring the injuries being suffered in football
and amending its rules to help reduce the risks of those injuries.
Prominent player agent Peter Jess is deeply concerned by the
concussion after-effects some former AFL players are suffering
in retirement and is campaigning for the introduction of an
on-the-spot diagnostic test for concussion in the AFL.
“We’re trying to get players to move away from the culture
of bravery to a culture of respect and safety. We don’t need
gladiators, we need athletes who are complete and healthy,”
Jess said. “This means that if we’re serious about protecting
the long-term neurological health of players then we have to
change the way that we play the game.
“If we don’t, we’ll continue to place players’ long-term welfare
at risk. But the AFL has clearly stated its mandate is player
welfare, and if it’s saying that then it is absolutely compelled to
make the game as safe as it can for players.”
Rugby League has also moved recently to reduce the risk of
head injuries to its players, with its international governing
body banning the shoulder charge in February 2013.
AFL RISK LAWSUITS ON CONCUSSION
A woman was seriously injured when her hair got caught in the
engine of a go-kart in East Ayrshire, Scotland.
The woman was at The Garage leisure complex in Kilmarnock
when her hair became caught while she was riding. She was
treated for serious head and neck injuries. East Ayrshire Council
is investigating the accident.The Garage Entertainment Centre
opened in 1994 and offers indoor karting, tenpin bowling and
amusements.
A Bathurst high school student is in an induced coma in
Hospital after he suffered a head injury in a rugby league game
in June.
Year 11 student Tyler Horton was airlifted to Westmead Hospital
after he collapsed on the sidelines during the school’s Astley
Cup tie against Dubbo College at Carrington Park. Principal
Geoff Hastings told the Western Advocate the 16-year-old,
who was the five-eighth for the match, collapsed after he was
injured during a tackle in the second half.
STUDENT PLACED IN INDUCED COMA
AFTER RUGBY LEAGUE CLASH
WOMAN INJURED AS HAIR CAUGHT IN GO-
KART ENGINE
PRE-SEASON CONCUSSION TESTING IS A
NO-BRAINER.
Amongst the sports community there is thankfully now a
heightened awareness of concussion and the effects of returning
too quickly to playing sport after a concussion. Professional
and well-funded sports have the tools to do improved side-line
testing but what about the park footballers or the kids playing
on the weekends?
Sadly, there seems little trickle down in terms of the gains in
concussion identification made at the top end and it’s only a
matter of time before the massive concussion related lawsuits
find their way to the local sports associations.
Additionally, we need to develop a sound means to assess
players before the season starts so a reliable bench-mark can
be established to compare against should a concussion occur.
The alternative of mandatory stand-down periods are at best
an educated guess and difficult to implement due to pressure
to “man up and play” or a lack of obvious symptoms. If we don’t
get the pre-season testing and the side-line assessment right we
have a ticking time-bomb on our doorstep. It’s called concussion.
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