Concussions, Class Actions, and the 2011 Collective Bargaining Agreement: A Look at Concussions and the Response of the National Football League in the 2011 NFL Collective Bargaining Agreement

Abstract

Violent collisions are an integral part to the success of the NFL, but medical research suggests those same hits have serious health consequences for players long after they leave the league. The dilemma for the NFL becomes ensuring fan support and financial success while protecting the safety of athletes, ultimately limiting liability. In the midst of recent class actions filed by former players against the NFL, which experts say may push the boundaries in both law and science, players and owners agreed to a new collective bargaining agreement. That agreement appears to be a substantial step forward for the NFL in addressing growing concerns over player injuries, concussions in particular, for the future. Although the new guidelines in the collective bargaining agreement may be the first step in protecting players, it is also, not coincidentally, the first step in reducing the liability of the league, and team doctors. While the new collective bargaining agreement may shield the NFL from future liability, the question remains - Will the NFL be held liable for its violent past?