Most NHL goons are not goons by choice. They took that role because there is no other way they make the show and get paid a fortune. To suggest they don't know the risks because the NHL wasn't clear is basically to suggest they are idiots. The risks due to head shots has been pretty clear for well over 30 years. The science may not have had everything down pat but the risks were obvious to anyone with even moderate observation skills. Even if you are not a goon, you are dealing with big blows, head on ice, etc. I guarantee 100% players will always show up, quite simply for money. Yes, there is onus on the league to try to help but there is also definitely onus on the players to make an adult decision as to whether they want to take that risk or not. Sometimes you have to put on your big boy pants and make tough decisions.
No one is denying that players take a risk when they play hockey. That's the strawman that Burke is putting out there.
The lawsuit is because society has decided that tort law should (1) fairly compensate ppl who are injured (whether physically or monetarily) and (2) it's important to put the cost of injuries on the party who is (a) in the best position to prevent them and (b) can best spread the cost and risk to all parties who benefit from the activity that led to the injury. In some cases, 2a and 2b would point to different parties but in the case of concussions and the NHL, they both point to the NHL.
The NHL benefits financially by having players play a physical game that can lead to concussions. (And all the players benefit in that way bc they get half of HRR.) Why should the owners (or uninjured players) get to keep all the money that comes from having players be physical and the chump who gets injured bear the whole cost?
That leads to the NHL not being as careful as they should be bc they aren't the ones paying the cost of the injuries. They have no reason to try to protect the players bc they benefit from the play that leads to the injuries but someone else bears most of the cost. That's a big reason that tort law tries to put the cost of injuries on the parties who benefit from the activity.
The NHL should put on their adult pants and accept that they benefit from the current rules. If they didn't, they would change them. Therefore, they should not expect a few players to pay the brunt of the cost for problems that arise out of the activity that makes a lot of money for them.
Either way, the player still takes a risk and will pay a price if he gets a concussion or other long-term injury. Everyone knows that.