Discussion in 'Newcastle Knights Discussion' started by rhugh89, Jul 15, 2014.
Apparently Jimmy Mac is going to sue the NRL and the Knights because of his history of concussions.
Love the amount of people here making light of someones casual money grab for being in a wheel chair.
Lord its nothing on here. You should read what some are saying on Twitter. Its completely disgusting.
This is what courts are for.
I know every halfwit armed with the barest understanding of the facts, based on skimming the headlines in the tabloid press, feels they have the right to a differing opinion to the courts, but a thousand years of legal precedent sets the standards for our legal system, and the best minds in our country study and apply the law.
The best person to decide if Alex has a case for compensation will be the judge who hears all the evidence from both sides and makes a judgement that takes all principals and precedents of justice into account, and if people don't agree with that, they have a right to appeal.
The courts will also take into account everything the NRL have done for Alex, and adjust how much compensation he gets accordingly.
I had to stop was getting under my skin too much.
Amazing peoples first reaction is concern for the game rather than concern for a young man who was put in a wheelchair.
People are disgusting....
I'm pretty sure the 100k thing was per year for a nurse to assist him as his wife has to work of course...
He has every right, as does Simon Dywer and James McManus...
Unfortuently I can see both these cases hurting the Knights in the media...
Especiually James, the Knights are in no positionn to be sued..
I believe the NRL are responsible for insurance and payouts to injured players, which they increased dramatically after Alex's injury. So it would make sense the NRL be sued, not the Clubs.
If you get injured by someone else's negligence, in a car accident, or at work, or anywhere else, you sue the negligent person/s so you have the means to cover your lost wages etc, and ensure you can survive for the rest of your life. Alex is only young and should be fighting for every dime he's entitled to... IMO It's really as simple as that.
Thing is who's negligent the tackler lifted but Alex ducked his head the Nrl did nothing wrong ...if you get hurt at work what ever hurt you is usually found to be the problem and your boss has to fix it or a car accident is the person not driving properly ...so the only person at fault here that I can see is the tackler and Alex made a mistake ducking his head the Nrl has outlawed lifting in the tackle so they have done all they can ..... If the tackler gets sued the game is going to suffer big time I think and I have to say that we play this game knowing this could happen but play it anyway ...My sons side had a broken jaw and a broken leg this season why cant those kids sue the nrl we play under they're system and rules ....It could open a big can of worms ....On the other hand I wouldn't like to see Alex go without ....
That's going to be the big argument for the Court to decide I guess. Will have to stay tuned and see how it plays out
If Alex doesn't duck his head his face smashes into the turf. Might be a better alternative than what happened but what person, in a split second situation, wouldn't have a natural reaction to avoid getting a broken face.
Always irks me how McKinnon broke Mcleans jaw the year before and how the tackle was clearly completed and McKinnon was already held by 3 people when Mclean runs in from easily 8-10 metres away.
You can argue this happens frequently but deadest McKinnon was stationary for a few seconds by the point that Mclean got involved.
People are so idiotic if they don't understand this. If he ducks his head he gets put in a wheelchair, if he doesn't then he lands on his forehead/face and possibly gets brain damage or severe fractures. Either way, he gets injured.
Ah well its not the first time and wont be the last , Jarrod McKracken sue'd a couple of players in late 90's early 2000's for a spear tackle the prematurely ended his career and won and not much compared to his estimated worth of $20,000,000 at the time and there was a big stink about him sueing players and I think it was the Melbourne club too but not the NRL...So this will be interesting ...
Ex-NRL player turned lawyer backs Alex McKinnon’s case against Jordan McLean
The Daily Telegraph
December 20, 2016 9:00pm
[FONT=&]A FORMER NRL player turned sports lawyer predicts Alex McKinnon will be successful in his claim against Jordan McLean but faces a tougher ask to defeat the NRL over the tackle which left him wheelchair bound in 2014.
Tim Fuller, a lawyer with more than a decade of legal experience who played first grade for South Sydney and the Gold Coast in the 1990s, also called on the NRL to ban any sort of lifting in tackles.
McKinnon has launched a lawsuit against the NRL and McLean, sending legal letters to instigate legal proceedings. Melbourne prop McLean is being personally sued for his role in the tackle.
“Historically claims against governing bodies for similar types of career ending injuries in sports such as rugby union have failed,” Fuller said.
“Based on previous cases there is a higher likelihood of success against McLean than the governing body. If it is found that McLean was negligent in his actions it is likely that McKinnon’s claim will succeed.
“If the matter proceeds to court, it will be for the court to decide whether the NRL breached their duty of care to the participants. That will be interesting and a bit harder to say.
“It’s long been established that the governing body owes a duty of care to the players, that won’t be an issue.
[/FONT]“[FONT=&]It will be interesting to see if the NRL contests the charge or not and whether they make any admissions of liability.
[/FONT]“[FONT=&]When we draw comparisons with other sport claims — such as the NFL concussion class action — the issue of liability is central and any admission of liability and responsibility for what occurred.
“It is entirely foreseeable that the NRL may decline to accept any form of responsibility in the McKinnon matter”.
Fuller pointed to the NRL’s decision to publicly crackdown on lifting tackles following McKinnon’s injury as a significant development in the game.
McLean was banned for seven games.
Fuller also called on the NRL to ban lifting tackles or face possible further litigation, following their decisions to ban punching and shoulder chargers in recent years.
“While the onus is on players’ to put in a safe position, we all know the only way you’ll get a broken neck in rugby league is being dumped on your neck,” Fuller said.
“Accordingly, it is incumbent on the NRL to ban lifting.
[/FONT]“[FONT=&]I’m not talking about a driving tackle, we’re talking about when an attacking player is standing there and another player comes in and starts to lift him.
“It’s a half-baked situation at the moment.
[/FONT]“[FONT=&]Based on the McKinnon case the NRL will have to go a step further and ban lifting.
[/FONT]“[FONT=&]Failure to do so will place the NRL at enormous risk if similar incidents were to occur in the future.”
Fuller played down fears McKinnon’s legal action could prompt a floodgate effect.
“No doubt players will consider legal options at times but you have generally have nothing to fear as a player if you play within the rules,” Fuller said.
He considered the reported $10 million claim for McKinnon as entirely possible.
This is exactly it. As soon as people start saying it's cos he's ducked his head they lose all credibility.
I'll be the first one to say that McLeans tackle wasn't any worse than what happens most weeks, but you absolutely can not blame this at all on McKinnon. Head duck or not.
Not blaming Alex at all but if he doesn't duck his head it would not have been as bad and if Mclean didn't lift it wouldn't have happened at all both contributing factors and you can say that if he doesn't duck his head this or that could have happened but you don't know just like no one knew Alex would break his neck in that tackle ....Fkd up for everyone imo .....Don't know much about this but hasn't the govt put a cap on how much you can claim when injured at work .....
Agree with Tim that there's far worse looking tackles most weeks.
But it's wrong to suggest Alex is at fault a bit by ducking his head when he was put in a terrible position out of his control. Who wouldn't do the same in a split second situation just before your face is about to be impaled into the ground.
Mate im not saying he is at fault just that ducking his head is a contributing factor but as i said if Mclean hadnt lifted nothing happens ...Also as i said this is not the first time this has happened and wont be the last unfortunatly it would be nice if it was the last as that would mean no one was ever hurt like this again .
With that first sentence yes you are.
Separate names with a comma.