A Case of Negligence?

The first publicized legal action against a professional league with regards to negligence when returning a player to the field.  Granted the judicial system in the AFL has no bearing on the US system, this will be an interesting case to keep an eye on.

Daniel Gilmore, who played for Fremantle in the Australian Football League in 2004-2009 is now bringing forward a case against the AFL and his former club for alleged “fit to play” designation after a head injury.

Delisted ruckman Daniel Gilmore, 28, will allege he was incorrectly passed fit to play by club doctors after a heavy hit in 2008.

Gilmore has since endured migraines, dizzy spells and lethargy. He was cut at the end of the 2009 season.

The Gilmore case may have greater ramifications than that of former Melbourne defender Daniel Bell, who is seeking compensation over concussion injuries, but is not claiming negligence or malpractice by his club.

Gilmore’s claim will be heard by the AFL Grievance Tribunal.


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