These past players facing difficulties need compensation. Keep up the fight. 

Why am I not surprised no one from the AFL agreed to appear on the Insight program on SBS? They seem to want to ignore anything which is unpalatable. No wonder Barnes sounded bitter.

It's an interesting issue, devastating of course to hear Shaun be so raw about how concussion has affected his life.

The interesting part to it is that a lot of these players would've been the first to tell a coach or doctor that they were fine to continue. I heard that players used to cheat the concussion tests by performing them poorly at the start of the year so they could pass during matches they'd sustained head knocks.

I think it's right for them to seek damages from the AFL to help aid in their treatment and issues they face, lord knows that the AFL has enough $$$.

I think Shaun played in some Ted Whitten legends game/s long after his playing days. I wonder if his issue was know at the time. 

 

On 10/9/2019 at 11:34 PM, Dame Gaga said:

Why am I not surprised no one from the AFL agreed to appear on the Insight program on SBS? They seem to want to ignore anything which is unpalatable. No wonder Barnes sounded bitter.

They are not into anything negative. But hey Gil got the price of Pies down for one year.

This is terrible, but other than them laying claim to the entire history and organisation of the game since day 1 how do you sue the AFL when you've played in half a dozen other competitions? They've got deep pockets so I hope he gets a ripper payout that eases some of the issues he's having but can't see how the lawyers could pin this 100% on the AFL.

Having said that, it will be different for today's players, now that every game is recorded and they'll be able to identify every incident a player has ever been involved with at senior level. In the 80s and 90s no chance.

53 minutes ago, Supermercado said:

This is terrible, but other than them laying claim to the entire history and organisation of the game since day 1 how do you sue the AFL when you've played in half a dozen other competitions? They've got deep pockets so I hope he gets a ripper payout that eases some of the issues he's having but can't see how the lawyers could pin this 100% on the AFL.

this problem is well known in workers compensation law and there are clear guidelines.

Joint and several liability etc is your friend as long as you can prove it caused or contributed to the injury.

The problem if there be one is the duty of care as measured by the standards of the time. The asbestos and tobacco industries were very good at running these arguments but ultimately lost.

The other issue is which entity owed the duty of care... the club he played for, the VFL or the AFL and of course who holds the insurance policies.

6 hours ago, Demonland said:

 

And yet his son is playing the same game....

While we hear about the high profile cases, what about the 1000s of other players that have gone through the game in that time and their effects?  Reading his file, he had been hit hard a lot of times over a long period.  

I wonder what data the AFL has and going back how far.  Have they funded studies into the. Long term impact?   
 

howeve I think the AFL has made huge strides in mitigating the problem at all levels of footy.  Also players are more aware of not putting their head in them wrong place all them time

16 minutes ago, Darkhorse72 said:

 

......  Also players are more aware of not putting their head in them wrong place all them time

i actually think the opposite.  because of the afl's, protect the head, pay a free kick, a lot of players are now perversely putting their heads in positions that are extremely risky......just to win a free kick (and maybe show how tough they are)

1 hour ago, daisycutter said:

i actually think the opposite.  because of the afl's, protect the head, pay a free kick, a lot of players are now perversely putting their heads in positions that are extremely risky......just to win a free kick (and maybe show how tough they are)

One down Geelong way comes immediately to mind dc.

1 hour ago, daisycutter said:

i actually think the opposite.  because of the afl's, protect the head, pay a free kick, a lot of players are now perversely putting their heads in positions that are extremely risky......just to win a free kick (and maybe show how tough they are)

True but it was Smith own fault, he would often fall on his head after taking a lot of his marks, Howe has the perfect technique he often  lands on his feet.

5 hours ago, Diamond_Jim said:

this problem is well known in workers compensation law and there are clear guidelines.

Joint and several liability etc is your friend as long as you can prove it caused or contributed to the injury.

The problem if there be one is the duty of care as measured by the standards of the time. The asbestos and tobacco industries were very good at running these arguments but ultimately lost.

The other issue is which entity owed the duty of care... the club he played for, the VFL or the AFL and of course who holds the insurance policies.

Thanks, appreciate the clarification. Glad to see there's a loophole to beat people like me.

Daniel Bell sued us for his concussions so no doubt we/our insurance company would be on the hook here.

31 minutes ago, don't make me angry said:

True but it was Smith own fault, he would often fall on his head after taking a lot of his marks, Howe has the perfect technique he often  lands on his feet.

that's true in smith's case

Shaun Smith should not have to apply for a disability pension. The game, the industry, needs to take care of past players suffering physically or mentally due to their time in the game.

So many fans of the game decry changes to the game to protect the head and the delicate brain inside it but if anyone with that view reads the reality of Shaun Smith's existence and does not come to an acceptance then they're beyond hope.

There must be plenty of recent and current day players looking to their future and worrying about whether they'll pay a high price for concussions during their playing days. Some will, some won't. Jordan Lewis would be one looking forward with some anxiety. In 2010 he was knocked senseless in a game against the Bulldogs, came back on the field in that game then played the next week and played like his reactions were off the pace.

 

 

4 hours ago, old dee said:

One down Geelong way comes immediately to mind dc.

And one would suspect that particular player is in for serious problems in the future. It'll be interesting to watch that case to see if he looks for compensation, should he ever have similar issues.

23 hours ago, Sir Why You Little said:

And yet his son is playing the same game....

So? Smith isn’t saying people shouldn’t play. And besides, Joel is a grown adult who can make his own choices.

57 minutes ago, Nasher said:

So? Smith isn’t saying people shouldn’t play. And besides, Joel is a grown adult who can make his own choices.

Yes i know all that. 
still rather ironic

The game has changed a hell of a lot since those days, where violence and big hits were accepted and celebrated parts of the game. Add to that with the increased knowledge around concussions, although there is still a way to go, and Joel is playing in a very different environment to that of his father.