Queenie Hearts
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- Apr 19, 2017
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- Collingwood
Exactly for all he knew old mate Bradshaw could have sold some candy and danced around him...
from my Delorean
To owe a duty of care you need to establish a negligent act. They cannot argue that the jumping to smother the ball is a negligent act as it is within the rules and a common occurrence (note Whately on 360 sounds plausible but is wrong in his analysis).
Once he is in the air, what is the negligent “act” in the split second?
He is falling and bracing for a fall (not a bump) to protect himself as Brayshaw veers into him and he turns his body. Brayshaw is the one on the ground who could change direction more than a person falling through the air.
The result of the accident was an unfortunate injury that had extra implications for this particular player who has a bad history with concussion. That is not relevant to the assessment of whether there is a negligent act giving rise to a duty of care.
Neither is the family trauma relevant. They are hurt at the impact on him physically and career wise and that is causing them to direct anger at a guy doing an act within the rules.
Angus made a decision to continue playing a contact support where concussion is an ongoing likelihood. He puts his head over the ball and the football following community lauds him for it. I have a serious concern about players who have had multiple serious concussions taking on this risk. The family are all to aware of where this leads. Again that has nothing to do with the incident.
Emotions are running high and there is no “justice” for random accidents. Crappy things happen.
Nick Daicos has been out for weeks due to a contact injury, Howey had a very serious injury from a marking contest that could have ended his career. This is not fair and can be sad but again, there is no culpability for lots on injuries that occur on a football field.
I fully expect that this will result in Maynard playing based on the current rules and the Lynch precedent regarding bracing for contact. It all happens in the blink of any eye.
They can change the rules later but it is hard fathom what that would be in the context of a smother.
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