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McKinnon to sue NRL

Discussion in 'Rugby League Forum' started by mozgrame, Dec 19, 2016.

  1. mozgrame

    mozgrame Well-Known Member

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    Paralysed rugby league player Alex McKinnon reportedly plans to sue the NRL and another player over the 2014 on-field tackle that left him in a wheel chair.

    The former Newcastle forward's legal representatives sent a letter to the NRL last week, according to News Corp Australia.

    The lawsuit is also reported to include Melbourne's Jordan McLean, who was handed a seven-game NRL ban for his involvement in a three-man spear tackle that left McKinnon with a spinal injury.

    Read more...https://au.sports.yahoo.com/league/...mckinnon-to-sue-nrl-over-tackle-report/#page1
     
  2. swoop

    swoop Well-Known Member 2017 Tipping Competitor

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    He should of been insured via his NRL contract. Surely it's part of contract these days.
     
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    • manlyfan76

      manlyfan76 Parra Trolls are the best. Premium Member 2017 Tipping Competitor

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      1St witness: Cam Smith.
       
    • Loobs

      Loobs I am not really Scott Penn Premium Member

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      Unless McLean admits intent then not sure how he'll get anything out of anyone. In Jarrod McCracken's case, Bai and Kearney admitted an intention to hurt him in the tackle, which is ****ing stupid and probably made their legal teams throw up in their mouths when they said it.
       
    • Moondog

      Moondog Amazing Blue Footed Boobie 2017 Tipping Competitor

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      If he does take legal action against the NRL and is succesfull it's going to have huge ramifications for the game going forward.
       
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      • Nice Beaver

        Nice Beaver Well-Known Member

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        If you ask me, its a classic example of a case where they never intend to get into a courtroom.

        Wait for the out of court settlement. Its a sure thing.
         
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        • Eagles2nv

          Eagles2nv Sea you in the finals 2017 Tipping Competitor

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          Yeah I get the feeling this will be taken care of quietly.

          If he does sue and win, it has a big impact, especially the claim against mclean.

          It means every player will need their own personal Public Liability (or equivalent) insurance to play Rugby league. Then how far down does it go. Do you need personal insurance to play contact sport in any division?
           
        • tookey

          tookey Well-Known Member 2017 Tipping Competitor

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          Probably why the NRL tried to back out of their agreement to fund clubs 130% of their salary cap in the future.

          Realised that McKinnon was going to sue them and win so they need the money now
           
        • southsideeagle

          southsideeagle Well-Known Member Premium Member

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          Isn't this all about making a claim on the insurance company?

          I also thought kids had to pay insurance are part of their club fees?
           
        • HoldenV8

          HoldenV8 Well-Known Member

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          From what I understand he isn't suing the insurance company. He is suing the NRL and Jordan McLean.
           
        • rmd

          rmd Well-Known Member Premium Member 2017 Tipping Competitor

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          I seriously hope he wins, as in any other job (rigger, builder etc) with high risk, you have Work Cover and sport in these days is a professional job, so why shouldn't they all be covered for a potential life or restrictive injury?

          Yes, these things happen, but every sport has a duty of care. Jordan McLean may not have meant to injure him as he did (and I am sure he is remorseful about the outcome) but he also has a duty of care within the rules of the game, which he breached. Two things I am sure of is that Jordan will not be short of legal support, as the NRL cannot afford massive litigation from previous injuries and Alex McKinnon will never walk again.

          Yes, it will cause a massive increase in insurance, but surely the clubs, as a group, can work with the Players Association to reduce the significant increase in the players' wages by assuring them (and other players) of future care, should something adverse happen.

          I'm no legal expert on that matter but given the impact on his life and the costs associated with trying to maintain a normal life, I do no begrudge anything Alex McKinnon gets in his pursuit of compensation.
           
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          • Fluffy

            Fluffy Well-Known Member

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            if sports have a duty of care like that then they can no longer exist.

            Can the cops, military etc as well whilst we are at it
             
          • Loobs

            Loobs I am not really Scott Penn Premium Member

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            That's correct. From what I recall in torts, there is a benchmark rugby case where a scrum collapsed and a hooker broke their neck and they tried suing the IRB. That went to the high court and ultimately lost because they ruled something like it's not the ruling body's place to be held accountable for injuries on the field, especially if they have rules against whatever caused the injury. So I'd say he won't have much luck suing the NRL especially since they have outlawed tackles above horizontal and have made it quite clear spear tackles have no place in the game (and for some time too). Beyond that there isn't much the NRL could have done.

            How he fares against McLean is a different story. If you are saying 'but for' the actions of McLean, he wouldn't have been injured then he's clearly at fault. But then you get the physics experts and all that in to argue momentum and whatever else you can think up to say it wasn't McLeans fault, so long as McLean NEVER admits it was an intentional act to try to hurt McKinnon.

            Basically, McLean did owe McKinnon a duty of care as there are rules against what he did. He breached that obviously, but then you get into causation and the 'but for', and if that's all clear, look at damages. The arguments will be around breach and whether it was deliberate.
             
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            • Killer03

              Killer03 Well-Known Member

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              It's just such a no win situation. If McKinnon is succesful, the whole landscape changes. Plus I think we really start to see touch footy (not quite as bad, but rugby league watered down massive). If McKinnon loses it sends a bad message and it looks heartless.

              It's just a terrible scenario.
               
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              • Clay

                Clay Well-Known Member

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                It was a freak accident, if he doesn't duck his head he doesn't break his neck........:::
                If the sun doesn't rise the game wouldn't of been played.
                Maybe he should sue "god" The Catholic Church haven't been sued for a while
                 
              • globaleagle

                globaleagle Deux bourbons s'il vous plait Staff Member Premium Member 2017 Tipping Competitor

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                He should sue Foz....just to see how Foz likes it!
                 
              • Fluffy

                Fluffy Well-Known Member

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                Can Donny sue for insufficient toilets at the grounds?
                 
              • swoop

                swoop Well-Known Member 2017 Tipping Competitor

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                Suing Mclean is just wrong. No player goes out to deliberately hurt another player. When I broke my neck in 1978 I was awarded 60k as compo from the CRL. I know from person experience that is costs big dollars for equipment as I've been a quadriplegic since the accident. Most cases these days, mainly car accidents victims, end up with around 4 to 6 mil as compensation which I think is fair.

                But there are government schemes where I can get equipment which is funded by the taxpayer. So money isn't coming out of my pocket for equipment providing you meet the criteria.

                He can sue the NRL but going after Mclean imo is wrong.
                 
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                • Shells Eagles

                  Shells Eagles Well-Known Member 2017 Tipping Competitor

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                  The general feeling in Newcastle even with the most ardent Knights supporters is he should,if successful in court, give back the hundreds of thousands donated to him.
                   
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                  • Clay

                    Clay Well-Known Member

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                    I read he has already received 1.2 mil In donations alone. Plus 500k insurance payout.
                    Plus he will get a yearly donation from his charity.
                    Add to that wasn't he gaurenteed a job for life by the NRL?

                    And he wants 20 mil for a genuine accident, where I still say he doesn't duck his head to save his face and he is walking today.
                     
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