Sam Shaw legal action against AFC

1970crow

Hall of Famer
Jun 7, 2011
30,161
31,644
alice springs
AFL Club
Adelaide
Wasn't his girlfriend Mackay's sister? Look at me getting all New Idea.

There is no case law on this in Australia yet, but there have been three cases in the NRL of legal action; one discontinued (possibility paid out), and two are ongoing (James McManus v Newcastle Knights and Brett Horsnel v Parramatta Eels). I suspect both of those will set precedents before Shaw v Crows is finalised. Obviously there's a lot of case law in the United States, in the NFL in particular, which would be looked at but not taken as seriously.

Shaw would most definitely be suffering ongoing problems, probably brain damage, which makes sense otherwise the financial damages would be too small to cover the legal costs (two to three years of a low AFL salary). He will have to demonstrate financial damages and that we didn't exercise a reasonable duty of care. He's obviously got the first part covered, but not sure how he'll go with the later. This is a big case for all AFL clubs.
I’m not sure that our courts can consider US precedence whatsoever. The science might be referred to, but results of their cases aren’t relevant to our system at all.
 

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1970crow

Hall of Famer
Jun 7, 2011
30,161
31,644
alice springs
AFL Club
Adelaide
Regardless of whether you sit in an office of kick a football your employer must provide a safe workplace. If you were seriously injured in your job and it had life long effects I have no doubts that anyone of us on here would do likewise.


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So can’t send firefighters into burning buildings or soldiers into war? You’re wrong, you don’t know anything about employer and worker duty of care.
 

Hemi

Norm Smith Medallist
Aug 21, 2008
6,306
6,552
Australia
AFL Club
Adelaide
I’m not sure that our courts can consider US precedence whatsoever. The science might be referred to, but results of their cases aren’t relevant to our system at all.
They can use US cases as part of their argument but it's not taken very seriously.
 

jenny61_99

Premium Platinum
Feb 22, 2006
52,848
43,178
Brisbane
AFL Club
Adelaide
The club doctor wasn't the one giving the injections and put his protests in writing

https://www.afl.com.au/news/2013-08-21/full-text-of-dr-bruce-reids-letter

There's also a fair bit different between injecting a substance to speed up recovery and saying a player is healthy when you know they aren't so the club doesn't have to make injury payments.
Doc Reid sent a letter... and never followed it up. Never even checked that it got to Hird or the board. Never once said to Hirdy... hey, I’m still waiting for a response to the letter. ANd I’ll tell you what else. He HAND WROTE the letter. It wasn’t an email. There’s no trace. Almost as if he was arse covering. Could have even been written after the fact.... just sayin. None the less... he knew AOD9604 was an experimental drug and he didn’t insist on the program stopping. He never once asked the players during the following months whether they were still getting injections? Never once asked Dank? Hird? No, he’s as culpable as Hird was.
 

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