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Entertainment, Arts, and Sports Law Commons

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Health Law and Policy

Vanderbilt University Law School

Journal

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Full-Text Articles in Entertainment, Arts, and Sports Law

Evaluating A Concussion Clause: Why The Nfl's Assumption Of Risk Defense Fares No Better As Time Goes On, Ramsey W. Fisher Mar 2019

Evaluating A Concussion Clause: Why The Nfl's Assumption Of Risk Defense Fares No Better As Time Goes On, Ramsey W. Fisher

Vanderbilt Journal of Entertainment & Technology Law

This Article explores the future of National Football League (NFL) concussion litigation. Currently, hundreds of retired NFL players who previously brought negligence claims against the NFL are seeking compensation under a settlement agreement reached in 2012. With many retired players exempting themselves from the 2012 agreement and current players learning more about the long-term risks of football, the potential for future negligence lawsuits against the NFL is still ripe. In any such suit, a key issue will be the NFLs'assumption of risk defense. The allure of the defense is intuitive-when one chooses to play professional football for a living, he …