Tag Archives: Personal Responsibility

January 27, 2011

Whose Risk Is This? Take Personal Responsibility in Sports Litigation

By: Dr. Kevin Boully 

There is danger in all sports, anyone who plays them takes that risk for themselves.”
-Mock Juror in recent sports litigation research

Bench press

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Athletes choose to play sports that involve risk.  Athletic teams, coaches and organizations are aware of the risk just like players.  So, how much personal responsibility does an individual athlete have for safely participating in his or her chosen sport?  What must the player and the organization do to make sure all possible safeguards are in place to reduce risk?  Who should be held most responsible?

Jurors (and judges, arbitrators and mediators) confront these basic but critical questions in sports-related lawsuits like that of former college football player Stafon Johnson.  This week, Mr. Johnson sued the University of Southern California and ex-assistant conditioning coach, Jamie Yanchar, claiming negligence in the 2009 weightlifting incident that resulted in severe injuries to Mr. Johnson’s throat, threatening his life, ending his college football career, and potentially limiting his professional career. Continue reading

June 21, 2010

Take It From Rep. Joe Barton: Don’t Be A ‘Friend Of The Devil’

by: Dr. Ken Broda-Bahm

Ken_107 tight Here is a litigation lesson from the world of politics.  The Vice President, along with many other Americans, described it as ‘incredibly insensitive, outrageous, and astounding,’ but last Thursday, in the U.S. House of Representatives, Texas Congressman Joe Barton was facing BP CEO:

“I’m ashamed of what happened in the White House yesterday.  I think it is a tragedy of the first proportion that a private corporation can be subjected to what I would characterize as a shakedown — in this case a $20 billion shakedown.  … I’m not speaking for anybody else, but I apologize.”

Hours later, Representative Barton was taking back that statement in order to deal with the ensuing uproar from both Democratic and Republican circles.  

I apologize for using the term ‘shakedown’ with regard to yesterday’s actions at the White House in my opening statement this morning, and I retract my apology to BP.

What we see here is an unsuccessful attempt by Rep. Barton to reframe the issues.  On the 59th day of the continuing Deep Horizon oil spill, and two days after President Obama’s oval office speech asking BP to set up a $20 billion dollar fund in order to deal with the consequences of the oil spill, the Congressman seemed to sense a chance to focus the public’s attention on something other than the flowing oil, suffering wildlife, and spoiled beaches.  The President’s demand was unprecedented, and on the heels of an unpopular health care reform law and in the run up to a climate bill being successfully framed as an “energy tax,” the public might have seemed primed to accept Barton’s characterization of the fund request as yet another example of an outrageous power grab by the Democratic President.  Continue reading

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