Sports-related concussion litigation has been expanding across the country, with everything from the NFL and colleges to high schools and youth sports programs becoming defendants. But, even as the number of cases continues to climb, some see hurdles if attorneys want to push concussion litigation beyond basic negligence claims.
The most high-profile concussion litigation so far is the $1 billion class action settlement that the National Football League agreed to pay to cover injuries that former players sustained while playing professionally, but, the National Collegiate Athletic Association—which regulates intercollegiate sports—has been the subject of concussion lawsuits, as have the Pop Warner youth league, and numerous high schools and colleges across the country. Those cases are all focused on claims involving what the agencies and institutions knew or should have known about concussion risk, and whether their staff acted reasonably when working with players.
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