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Injured Newcastle Knights star Alex McKinnon weighing up advice to sue
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[QUOTE="subsbligh, post: 2676895, member: 1950"] Very difficult argument. Loss of earnings for the rest of his playing career (say $400K x 10 years), plus loss of earnings for the rest of his life as a non-football player based on the degree of impact his quadraplegia has on earning capacity (minimal - when you consider he can sit at a desk/office job), psych injury, medical expenses and rehab. I was astounded the NRL/Knights don't have WorkCover or public liabilty insurance to deal with this (maybe they do and he just wants to sue for the gap coverage?) He'd have to show that the NRL/Knights/Storm/Maclean were negligent in failing to put in place reasonable measures to protect him from suffering the injury. It might be the case that it was simply a terrible tragedy that was not preventable. As well, you've got the player's voluntary acceptance of the risk of serious injury associated with playing a violent contact sport (consent) weighed against whether the tackle was within the rules of the game or within the reasonable bounds of the player's contemplation when consenting to engage in the activity (yes I might get spear tackled and accept there is a risk of quadraplegia but I accept that risk). To provide an extreme example to illustrate the other argument - yes I consent to the violent and risky nature of the game, but if I got stabbed on the field while playing, that's outside of the "violence" or risk I contemplated. It could be the case that no one was negligent - it was just a freak accident within the contemplation of the game. On the other hand. The Storm have form for pushing the rules. Always have with the grapples, chicken wings, choke holds. The NRL has shown a disregard without proper penalties for foul play. A potential spine injury illegal tackle on field bears the same penalty to a player as being offside. As a fan, I don't care if the refs "set a dangerous precedent" by marching clearly reckless tackles (like Peachey, Bird in the test, Reynolds in Origin on Tate, Reynolds tripping). Surely everyone from top down would rather never see another person in a wheelchair due to rugby league than there being "an unfair contest". [/QUOTE]
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Injured Newcastle Knights star Alex McKinnon weighing up advice to sue
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