Tag Archive: Assumed Liability


“They (NFL, NHL, NBA, MLB …) want to get back. They’ve got to get back. We want to get back soon, very soon. We have to re-open our country again.” — President Donald Trump after a Saturday conference call with the major sport commissioners

The “easy” part was declaring a State of Emergency, and shutting down America.

The decision was difficult, but once made it was relatively easy to implement

At some point — not now — comes the hard part: Re-opening the stadiums, arenas, music halls, stock exchanges, restaurants, stores, businesses, corporations …

What? When? Where? Who? Why? and most of all, How?

How are we going to re-open America?

Will we simply lift the State of Emergency, and pick up where we left off? Don’t think so.

Will we wait until everyone is tested for COVID-19 antibodies?

Will we hang on until everyone has been vaccinated? 2021? 2022? …

How will we demand proof of vaccine or antibody testing without violating federal health privacy guidelines (e.g., HIPAA), and personal liberties?

Will we continue to quarantine the high-risk population, Baby Boomers and older?

Will the ‘All-Clear’ signal be given to X-Gens, Millennials and younger?

How does that square with equal protection guidelines of the 14th Amendment?

What criteria will we use? Can we accept that unanimity is impossible; there will always be those who disagree (particularly those with political agendas in an election year)?

Will there ever be an absolute “coast is clear” signal? You can be absolutely sure that opinions will vary, count on it.

And there will be attorneys too, in particular for this Almost DailyBrett author: Plaintiff attorneys … tan, rested and ready to sue anyone and everyone with deep pockets (e.g., NFL franchises).

The Complex PR Puzzle Facing Re-Opening Decisions

No matter how many public officials are consulted. No matter how many health experts provide advice. No matter, no matter, no matter ... somebody has to be first to re-open the doors, the turn-styles, the restaurant tables for overpriced seared sea bass with risotto.

Let’s say we don’t re-open until 2021 (e.g., Tokyo Olympics, UEFA Euro 2021 … ), there still will be a line in the sand. People will no longer maintain six-foot buffer zones. Most likely they will no longer wear face masks, except for football players and hockey goalies.

Can college and NFL football players block and tackle each other? Otherwise, what is the point?

Can fans, patrons return to packed-in-as-sardine stadiums? What if they are scared (Will their tickets be refunded)? What if they actually go to the game, concert, restaurant, store, shop … and get sick? Will they sue? How many? And for how much will they litigate?

An NFL team has the legal muscle and deep pockets to defend itself, but what about a mid-range college athletic department?

Your author is not an attorney, but is there an assumed liability that comes with handing over your ticket with the QR code face up?

Almost DailyBrett contends strongly that public relations practitioners should urge not only communication, but over-communicating.

There will be an acute need for earned media (e.g., digital and conventional media interviews) employing team owners, university presidents, chief executive officers and of course, health experts.

Ditto for paid media (e.g., advertising) with strong messages about getting back to work, and going to the game … safely.

And most of all every organization will be required to launch owned media campaigns (e.g., websites, blog posts, social media, signage, PowerPoint presentations, brochures and takeaways).

The more people are informed about the calculated risks they may take in waiting for the first guitar riff or standing up for the kickoff … the better for them and for the resumption of our economy and our way of life.

Bill Gates was amazingly prescient about the threat of microbial pandemics in his now famous 2015 TED Talk, which served as the forerunner for the crisis of the ten-thousandth of a millimeter in diameter Corona Virus.

Considering the wonderful work of Bill and Melinda Gates, donating a record $50 billion to their namesake foundation for health and education and to combat third world poverty, maybe he could serve as a major thought leader in negotiating the hard part, getting us back to work, into the stadiums, and back on campus.

Didn’t someone piously state that billionaires should not exist?

Ahh … the subject of another Almost DailyBrett post.

https://www.espn.com/nfl/story/_/id/28995399/sources-trump-says-nfl-start

https://www.gatesfoundation.org/who-we-are/general-information/foundation-factsheet

“This was not a hockey play. Instead, it’s a player retaliating against his opponent, using his stick as a weapon for forceful and direct head contact.” — NHL Department of Player Safety

One is a penalty. The other is a felony.

As is often said about hockey: They play with knives on their feet and clubs in their hands.

And Saturday night on national television that club was delivered with a vengeance to the head of an opponent.

The cross-check blow with a hockey stick by Toronto’s notorious Nazem Kadri to the skull of Boston’s tough Jake DeBrusk was evil and premeditated with the undisputed intent to seriously, if not permanently injure DeBrusk.

The play was not reflective of a tough collision sport. Instead it’s a felony in any other segment in our society … but not in the NHL.

As former New York Rangers forward Sean Avery said: “The only problem with Kadri’s hit was that he didn’t take the top f****** row of DeBrusk’s teeth.”

That quote, which cannot be quickly dismissed as merely anecdotal, reflects the vicious mind set of the NHL and its teams. And you wonder why hockey is the number four of America’s big four sports: Football, Basketball, Baseball … and Hockey.

The NHL’s oxymoronic Department of Player Safety held a hearing with Kadri Monday and suspended him for the remainder of Toronto’s first-round Stanley Cup series with Boston. NBC commentators Keith Jones and Eddie Olczyk went further in their post-game analysis, strongly recommending that Kadri be banned for at least 10 games.

BOSTON, MA – APRIL 13: Nazem Kadri #43 of the Toronto Maple Leafs reacts after a fight with Jake DeBrusk #74 of the Boston Bruins in Game Two of the Eastern Conference First Round during the 2019 NHL Stanley Cup Playoffs at TD Garden on April 13, 2019 in Boston, Massachusetts. (Photo by Adam Glanzman/Getty Images)

Almost DailyBrett is asking the obvious question: If one deliberately and systemically commits assault and battery in order injure and maim an enemy, wouldn’t that action constitute a felony worthy of significant prison time?

Why shouldn’t the same standard apply to the NHL? Kadri’s hit on DeBrusk was not hockey, it was criminal.

When Will Someone Be Murdered On The Ice?

What will it take to put an end to the ugliness?

Whether hockey is reflective of the increasing violent nature of our society, your author will leave that question to those with higher pay grades.

Some will conclude that Almost DailyBrett is being overly dramatic … or maybe a little soft.

Your author has been a hockey fan since 1967 when the NHL expanded beyond the original six (Boston, New York, Montreal, Toronto, Chicago, Detroit) to the second six, including two favorites the Los Angeles Kings and Pittsburgh Penguins.

Hockey is a simply fantabulous game as vividly illustrated by Al Michaels’ famous, “Do you believe in miracles? …Yes!” The Disney movie “Miracle” beautifully brings back that magic 1980 Lake Placid Winter Olympics game between the young USA and the machine from the USSR.

And let’s not forget the US women prevailing in a gripping overtime shootout against Canada in last year’s Olympics in Korea … South Korea.

The NFL after congressional hearings and lawsuits has finally started taking helmet-to-helmet concussions seriously. College football has gone further with the institution of replay-reviewable targeting fouls with offenders being thrown out of the game.

The Kadri blow against DeBrusk last night deserves more than remainder of the first playoff series suspension (three-to-five games), it warrants the attention of one or all of the above: The Suffolk County District Attorney, The Massachusetts Department of Justice; The U.S. Department of Justice: The U.S. Congress (subpoena power).

NHL commissioner Gary Bettman listens as he meets with reporters after a meeting with team owners, Thursday, Sept. 13, 2012 in New York. The current collective bargaining agreement between the league and the players expires Saturday at midnight. (AP Photo/Mary Altaffer)

NHL Commissioner Gary Bettman needs to move away from the assumed liability mentality of the league. Yes, the players are playing an exciting fast-paced violent sport. There will be inevitable injuries as a result.

Having said that, no one should put his or her life on the line to play what should be a great sport. It’s been long past time for the NHL to clean up its gratuitous violence  on behalf of the players, fans and the image of the game.

If the NHL cannot or will not take serious enough action against the Nazem Kadris on the ice, maybe it will be time for county, state and/or federal authorities to put these thugs on ice … maybe even for years to come.

https://www.youtube.com/watch?v=agDjIXQCBrc

https://www.boston.com/sports/boston-bruins/2019/04/14/sean-avery-shares-expletive-filled-rant-about-bruins-winger-jake-debrusk

http://www.sportingnews.com/us/nhl/news/nhl-playoffs-2019-maple-leafs-nazem-kadri-could-get-suspended-in-postseason-again-for-high-hit/1ug8vla0m5n0e1gywn4t1d8tl3

https://www.usatoday.com/story/sports/nhl/2019/04/13/playoffs-nazem-kadri-hit-jake-debrusk-bruins-leafs/3463040002/

https://almostdailybrett.wordpress.com/2013/06/03/this-is-your-time/

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