Win One Before I Die
Cautious Optimism
- Jul 31, 2007
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How is this any different than the Bertuzzi situation? Rather than being a pre-meditated attack vs a random violent act.
Speculation: Andrew Alberts to retire due to concussion symptoms
- Thread starter Angry Little Elf
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IntangiBo
Registered User
- Aug 15, 2014
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Win One Before I Die
Cautious Optimism
- Jul 31, 2007
- 5,119
- 4
NHL is a bush league so I'm not surprised McGratton wasn't suspended. Life's not fair and neither is hockey. The NHL will face many concussion lawsuits and I wouldn't be surprised to see Alberts file one at some point.
Subject to whatever player contracts or the CBA say, any player could try to take legal action over anything, including routine body checks or, like, slander spoken on the ice ("Your Honour, I intend to prove that my client is absolutely not 'a worthless piece of [expletive] whose mother never loved him', as alleged by the defendant on January 11.").
It will be up to the court to determine whether the act in question fits within the risk assumed by the player when he laced up the skates. That's why these exceptionally brutal situations like McSorley or Bertuzzi put "The Code" on trial to a large extent, because one side will inevitably have to argue that an act is "part of the game" (and therefore the risk was assumed) or it's outside the bounds of the game. So Alberts could try to sue – and to be fair, the legal understanding of what risk is assumed may very well be changing, as suggested by better medical evidence and concussion lawsuits, etc. – but given how it differs from the premeditated examples, I would be surprised if it would be found as being outside the risk of the game.
I think the liability issue comes in when you consider the NHL's negligence regarding Alberts' personal safety. Did they do enough to protect Alberts' personal safety? There is an inherent risk in playing professional hockey, but the league also failed to protect Alberts by allowing an illegal blow to the head to go unpunished. A lawsuit could contend that due to the NHL's negligence, Alberts was not sufficiently protected from illegal blows to the head, costing him his career. If those kinds of hits are considered "legal" within the sport (and I'm sure they could find many lesser examples that did face punishment) then players like Alberts are not sufficently protected. I don't know Alberts personally, and can't say for certain he'll sue, but I bet he would have a case.
The NHL is currently being sued by several retired players for "not doing enough to protect it's players from blows to the head," and they most defintely did not do enough to protect Andrew Alberts. The lawsuit recently consolidated and should be settled within a year. The NFL faced a similar lawsuit recently that resulted in an $870 million dollar settlement (obviously the NHL is not on the same scale). He definitely has a case should he decide to persue it.
I'm not sure Alberts would have much of a case but I'm no lawyer. If someone gets seriously injured by mcgratten in the future they would have a case.
McGratton hurting someone in the future would have absolutely no bearing whatsoever on Alberts' case.
I mean the person getting injured by McGratten would have a case because if McGratten got suspended on the Alberts hit maybe the next hit doesn't happen. the NHL is setting themselves up with these situations.
