Showing posts with label assault and battery. Show all posts
Showing posts with label assault and battery. Show all posts

Monday, March 5, 2012

NFL Coach and Players Associated with Causing Intentional Injuries in Pay for Pain Scandal

A report issued last Friday by the National Football League (NFL) that one of its football coaches, some teams and players were involved in a bounty scheme is startling news for our Fort Lauderdale sports injury attorneys. According to Reuters and several other national media sources, NFL investigators met with the former defensive coordinator for the New Orleans Saints, Gregg Williams, on Monday due to his involvement of an orchestrated scheme that paid big money to league players to intentionally injure other players. For what is being called the, “pay for pain” scandal, Williams is believed to be the mind master of the bounty scheme and recruited U.S. football players from the Saints, and possibly the Buffalo Bills, Washington Redskins and Tennessee Titans during the periods he acted as a coach for each of the teams. Under the plan, football players could be paid $1,500 for “knockouts”, $1,000 for “cart-offs” during regular season play, but that amount could double or triple during for postseason games, such as the playoffs. Williams has admitted his wrongdoing and said that “it was a terrible mistake”.

Further, Williams, who has been hired by the St. Louis Rams, said that the system was in place while he coached for the Saints. Moreover, the Bills CEO, Russ Brandon, has denied knowledge of his team’s involvement with the payment system. There are reports that well-known players such as Brett Favre and Kurt Warner were targets of the scheme. For the most part, at least Williams has acknowledged his wrongdoing and has taken responsibility for his unethical conduct that harms the reputation of the league. Nevertheless, there are serious legal consequences which are sure to arise that the NFL, owners, coaches and the participants who were involved in this scandal could likely encounter.  

Besides the possibility of criminal charges being filed against those identified as the wrongdoers, there could also be grounds for a civil suit, including a Florida personal injury lawsuit that could be filed by the injured parties. An intentional hit to cause injury upon a person can be a basis for a civil assault and battery. Many legal analysts have weighed in on this issue and have argued that Williams, among others, could face paying damages to their targets due to their conduct. Although other legal commentators on the subject have said that if a personal injury lawsuit was filed, then the defendants in the case could argue that the plaintiffs assumed the risk of the contact because football by its nature is a sport in which contact is to be expected.

However, as Fort Lauderdale personal injury attorneys, we know that the type of conduct in which football players ordinarily consent to is not of the kind of physical contact that was involved under this scheme and thus exceeded the scope of ordinary consent. It is understandable that physical contact associated with a sporting activity such as football is inevitable and players typically will not consent to intentionally suffering serious injuries such as a head concussion.

Our Fort Lauderdale sports lawyers are here to help those who have been intentionally injured in any type sporting activity, including professional athletes. When you have suffered serious life threatening harms, the law states that you could be entitled to recover damages for your injuries. Contact our office today to speak with one of our attorneys to learn more about your legal rights.
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Monday, December 12, 2011

Robbers Assault Elderly Woman With Soda Can

Fort Lauderdale Personal Injury attorneys are always disturbed when hearing about physical attacks and injuries inflicted upon the elderly. On Saturday, a 70-year-old woman was injured when two unknown culprits struck her on the left side of her head with a soda can during a robbery attempt. According to the Orlando Sentinel, the woman was walking near an apartment complex in Orlando when the two attackers jumped her from behind in an attempt to rob her, struck her and then fled away after discovering she did not possess any money. The Orlando woman has not been able to provide police with a physical description of the guilty parties because she could not see them well enough.

Hopefully, someone observed this assault and will soon provide the police with information that will lead to their arrests. According to The National Center For Victims of Crime, eleven percent of the elderly are likely to suffer from physical abuse. Additionally, 67% of older woman are more likely than men (32%) to suffer from any abuse, and our Fort Lauderdale civil assault lawyers represent elderly sufferers who have been injured in an assault incident.

Many people are of the belief that a perpetrator of a physical assault can only be punished through the criminal justice system. However, in our American civil jurisprudence, a battery is an area of tort law which was established under the common law legal system to hold those accountable who impose an intentional offensive or uninvited physical touching upon another. However, there are circumstances when the wrongdoer does not inflict any physical contact, but uses words of threats to cause an apprehension of imminent harm upon a person. In so doing, his or her conduct is considered an assault. However, under Florida law, the torts of assault and battery are usually combined in a civil lawsuit to hold an individual liable for the injuries and damages another has sustained during an unpleasant incident.

Generally, the elements of battery require that a person prove that the wrongdoer committed a touching which was offensive and did not have consent. Further, the offensive or harmful touching must have caused a person to sustain injuries. It is important to point out that not all touching are considered a battery. There are situations in which a person implies consent to physical contact, such as in the sport of football. Since football is a contact sport, players understand that physical contact is part of the game, however, it is when one exceeds the scope of the contact consented to, he or she may be liable for the tort of battery.

It is always prudent to seek the advice of a Fort Lauderdale personal injury attorney when you or a loved one has been injured as a result of an assault and battery occurrence. And particularly when an incident involves the elderly. Such persons usually incur significant medical costs, pain and suffering; and income loss when someone has caused them injury. And, there may be monetary damages a tortfeasor will have to pay as a result of their conduct.

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Fort Lauderdale Elder and Mentally Ill Abuse

Personal Injury to Florida Woman During Surgical Procedure