Sports Torts: How Excessive Violence in Professional Ice Hockey Poses Unique Challenges for Courts and Claimants Mark J
Seton Hall University eRepository @ Seton Hall Law School Student Scholarship Seton Hall Law 2017 Sports Torts: How Excessive Violence in Professional Ice Hockey Poses Unique Challenges for Courts and Claimants Mark J. Feuerstein Follow this and additional works at: https://scholarship.shu.edu/student_scholarship Part of the Law Commons Recommended Citation Feuerstein, Mark J., "Sports Torts: How Excessive Violence in Professional Ice Hockey Poses Unique Challenges for Courts and Claimants" (2017). Law School Student Scholarship. 925. https://scholarship.shu.edu/student_scholarship/925 Introduction This article analyzes the viability of the National Hockey League Players Association’s recklessness and negligence claims against the National Hockey League for its liability relating to traumatic brain injuries.1 In doing so, Part I of this article explores the overtly physical and violent- laden culture that is deeply-rooted within the sport of professional ice hockey. Additionally, Part I will examine the general nature of the allegations contained within the National Hockey League Concussion Litigation. Following this brief overview, Part II of this article outlines the American legal perspectives relating to tortious liability for injuries sustained as a result of player to player conduct. To illustrate the potential application of such tort law principles with regards to professional ice hockey-related claims, this section will analyze various case law, as well as the events that occurred on January 27, 2016, in which NHL Linesman, Don Henderson, was forcefully struck in his neck/head by Calgary Flames defenseman, Dennis Wideman.2 Thereafter, Part III discusses the implications of the legal standards depicted in Part II in an attempt to determine the general viability of the Players claims against the League.3 Additionally, this section 1 See Complaint for Damages and Demand for Jury Trial, Leeman, v.
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