Alex McKinnon Sues NRL

[GNR4LIFE]

headline ignores he is also personally suing jordan mclean…pretty unfair in my opinion. its not like it was done maliciously, if that goes through and mclean is found guilty this sport will get VERY ugly very quickly.

players like taniela, dwyer and many more who had their careers ended and still have disabilities today, have a precedent to sue people involved in the relevant tackle from now on

Completely fair. Mclean deliberatley did an illegal act that resulted in the injury. Yes he didn't mean to break his neck, but he deliberately reached down and lifted. The consequences of this illegal act were catastrophic and he deserves to be sued for everything.

I dont feel sorry for Mclean one bit. He had Mckinnon, then reached down and lifted.
Yes there are worse tackles all the time, and everyone is unlucky at the result of Jordans tackle, no doubting that, but he chose to do the illegal act, and he deserves to be punished as a result Alex's injury.

If i hit someone with my car speeding and injure them, i get charged with neg driving causing harm, if i do the exact same thing but the victim dies, then im charged with Manslaughter. Same illegal act, different consequences, different punishment.

Mclean hasnt been punished at all for what he did.

Im all for Alex suing Mclean. He may even have ancase agaisnt the practices employed by Melbourne. He definitely has a case againt the NRL for not punishing lifting tackles adequately to deter players doing them.

Do you feel sorry for Sean Abbott? He didn't mean to kill Phil Hughes, but when you bowl bouncers there is always the risk of injuring the batsman.

 

[goldcoast_tiger]

Interesting debate… I'm not certain the McCracken case has any relevance as they were sueing for 2 different things.

The $20m is more than likely the full liability limit that Insurance companies will pay... So why not go for the top amount?

Further to that, I'm not convinced the definition of 'Illegal' under the rules of the game has any legal binding formation outside of the game. This debate will more than likely drag out for along time with Lawyers arguing if the NRL Rules are actually legal, then do they have any context in this type of suit.

As I said earlier, I cant begrudge Alex for getting what ever he can.

Daryl Brahman sued Les Boyd after an Origin game .
Because he was hit by a head high tackle, Same thing, different result

 

[goldcoast_tiger]

headline ignores he is also personally suing jordan mclean…pretty unfair in my opinion. its not like it was done maliciously, if that goes through and mclean is found guilty this sport will get VERY ugly very quickly.

players like taniela, dwyer and many more who had their careers ended and still have disabilities today, have a precedent to sue people involved in the relevant tackle from now on

Completely fair. Mclean deliberatley did an illegal act that resulted in the injury. Yes he didn't mean to break his neck, but he deliberately reached down and lifted. The consequences of this illegal act were catastrophic and he deserves to be sued for everything.

I dont feel sorry for Mclean one bit. He had Mckinnon, then reached down and lifted.
Yes there are worse tackles all the time, and everyone is unlucky at the result of Jordans tackle, no doubting that, but he chose to do the illegal act, and he deserves to be punished as a result Alex's injury.

If i hit someone with my car speeding and injure them, i get charged with neg driving causing harm, if i do the exact same thing but the victim dies, then im charged with Manslaughter. Same illegal act, different consequences, different punishment.

Mclean hasnt been punished at all for what he did.

Im all for Alex suing Mclean. He may even have ancase agaisnt the practices employed by Melbourne. He definitely has a case againt the NRL for not punishing lifting tackles adequately to deter players doing them.

Do you feel sorry for Sean Abbott? He didn't mean to kill Phil Hughes, but when you bowl bouncers there is always the risk of injuring the batsman.

But the bouncer is not against the rules.
Lifting tackles are.
Players should be able to be confident that no player will put then in that position, as the rules say it isn't allowed to occur.

 

[Tiger_Watto]

Interesting debate… I'm not certain the McCracken case has any relevance as they were sueing for 2 different things.

The $20m is more than likely the full liability limit that Insurance companies will pay... So why not go for the top amount?

Further to that, I'm not convinced the definition of 'Illegal' under the rules of the game has any legal binding formation outside of the game. This debate will more than likely drag out for along time with Lawyers arguing if the NRL Rules are actually legal, then do they have any context in this type of suit.

As I said earlier, I cant begrudge Alex for getting what ever he can.

Daryl Brahman sued Les Boyd after an Origin game .
Because he was hit by a head high tackle, Same thing, different result

Hmmm… That case didnt make to court

 

[innsaneink]

Ever since this happened not one person supporting Mclean has ever given a good reason as to why he should escape the full brunt of what hopefully lies ahead for him. All u hear is, "it was an accident", "there are worse tackles every week" blah blah….no solid piints at all. All old school crap with no accountability for the actual decision this young man made.

Jordan Mclean should be punished big time, but not as much as the NRL and Melobourne. Both the NRL and Melbourne should be hammered over this. They created the **environment** for this to happen.

I wont continue to argue this, ive made my view clear and in 3 years no one has made one decent point against my view (in my opinion of course).

Time will tell what the courts think. Fingers crossed Craig Bellamy's practices are brought into the spotlight.

'environment' == tackling

remove tackling and voila, we've got a LOT less injuries. sure you can argue wrestling etc makes it worse but you can break someones neck or cause permenant brain damage from normal tackles too. hell, most CTE experts at the moment are pinning the very big difference in suicide rates in NFL players to normal people down to concussions/brain damage. and we see similar things in the NRL as well. in 50 years i doubt tackling will be a part of many sports in the world…

in any case, asking for 20 million when youve got a very nice job at the knights and the NRL giving you $1 from every ticket sold for an entire NRL round as well as i'm sure some good money from tv channels/interviews etc. seems a bit rich. you dont need 20 mil to live a 'normal life'

Ive seen a few posts of yours over the years which lead me to believe you've still got a lot of growing up to do….
I just shake my head

 

[king_sirro]

headline ignores he is also personally suing jordan mclean…pretty unfair in my opinion. its not like it was done maliciously, if that goes through and mclean is found guilty this sport will get VERY ugly very quickly.

players like taniela, dwyer and many more who had their careers ended and still have disabilities today, have a precedent to sue people involved in the relevant tackle from now on

Completely fair. Mclean deliberatley did an illegal act that resulted in the injury. Yes he didn't mean to break his neck, but he deliberately reached down and lifted. The consequences of this illegal act were catastrophic and he deserves to be sued for everything.

I dont feel sorry for Mclean one bit. He had Mckinnon, then reached down and lifted.
Yes there are worse tackles all the time, and everyone is unlucky at the result of Jordans tackle, no doubting that, but he chose to do the illegal act, and he deserves to be punished as a result Alex's injury.

If i hit someone with my car speeding and injure them, i get charged with neg driving causing harm, if i do the exact same thing but the victim dies, then im charged with Manslaughter. Same illegal act, different consequences, different punishment.

Mclean hasnt been punished at all for what he did.

Im all for Alex suing Mclean. He may even have ancase agaisnt the practices employed by Melbourne. He definitely has a case againt the NRL for not punishing lifting tackles adequately to deter players doing them.

Do you feel sorry for Sean Abbott? He didn't mean to kill Phil Hughes, but when you bowl bouncers there is always the risk of injuring the batsman.

It wasnt an illegal delivery so your point makes no sense at all. Mcleans tackle was illegal.

 

[goldcoast_tiger]

Interesting debate… I'm not certain the McCracken case has any relevance as they were sueing for 2 different things.

The $20m is more than likely the full liability limit that Insurance companies will pay... So why not go for the top amount?

Further to that, I'm not convinced the definition of 'Illegal' under the rules of the game has any legal binding formation outside of the game. This debate will more than likely drag out for along time with Lawyers arguing if the NRL Rules are actually legal, then do they have any context in this type of suit.

As I said earlier, I cant begrudge Alex for getting what ever he can.

Daryl Brahman sued Les Boyd after an Origin game .
Because he was hit by a head high tackle, Same thing, different result

Hmmm… That case didnt make to court

I don't think this one will either, Brohman got a settlement before the case went to court.
Same principal, injury caused by a tackle that was against the rules.

 

[GNR4LIFE]

headline ignores he is also personally suing jordan mclean…pretty unfair in my opinion. its not like it was done maliciously, if that goes through and mclean is found guilty this sport will get VERY ugly very quickly.

players like taniela, dwyer and many more who had their careers ended and still have disabilities today, have a precedent to sue people involved in the relevant tackle from now on

Completely fair. Mclean deliberatley did an illegal act that resulted in the injury. Yes he didn't mean to break his neck, but he deliberately reached down and lifted. The consequences of this illegal act were catastrophic and he deserves to be sued for everything.

I dont feel sorry for Mclean one bit. He had Mckinnon, then reached down and lifted.
Yes there are worse tackles all the time, and everyone is unlucky at the result of Jordans tackle, no doubting that, but he chose to do the illegal act, and he deserves to be punished as a result Alex's injury.

If i hit someone with my car speeding and injure them, i get charged with neg driving causing harm, if i do the exact same thing but the victim dies, then im charged with Manslaughter. Same illegal act, different consequences, different punishment.

Mclean hasnt been punished at all for what he did.

Im all for Alex suing Mclean. He may even have ancase agaisnt the practices employed by Melbourne. He definitely has a case againt the NRL for not punishing lifting tackles adequately to deter players doing them.

Do you feel sorry for Sean Abbott? He didn't mean to kill Phil Hughes, but when you bowl bouncers there is always the risk of injuring the batsman.

It wasnt an illegal delivery so your point makes no sense at all. Mcleans tackle was illegal.

Doesn't matter. A bouncer is a dangerous delivery and the bowler assumes the risks when he bowls it.

 

[goldcoast_tiger]

Completely fair. Mclean deliberatley did an illegal act that resulted in the injury. Yes he didn't mean to break his neck, but he deliberately reached down and lifted. The consequences of this illegal act were catastrophic and he deserves to be sued for everything.

I dont feel sorry for Mclean one bit. He had Mckinnon, then reached down and lifted.
Yes there are worse tackles all the time, and everyone is unlucky at the result of Jordans tackle, no doubting that, but he chose to do the illegal act, and he deserves to be punished as a result Alex's injury.

If i hit someone with my car speeding and injure them, i get charged with neg driving causing harm, if i do the exact same thing but the victim dies, then im charged with Manslaughter. Same illegal act, different consequences, different punishment.

Mclean hasnt been punished at all for what he did.

Im all for Alex suing Mclean. He may even have ancase agaisnt the practices employed by Melbourne. He definitely has a case againt the NRL for not punishing lifting tackles adequately to deter players doing them.

Do you feel sorry for Sean Abbott? He didn't mean to kill Phil Hughes, but when you bowl bouncers there is always the risk of injuring the batsman.

It wasnt an illegal delivery so your point makes no sense at all. Mcleans tackle was illegal.

Doesn't matter. A bouncer is a dangerous delivery and the bowler assumes the risks when he bowls it.

In makes a hell of a difference.
A player couldn't be blamed if he was within the rules.
McLean obviously wasn't

 

[gallagher]

I originally thought that sueing McClean wasn't really the way to go. But i can't think of (or have read ) a good arguement to counter King Sirro's.
It's a horrific story allround but it was clearly an intentional and illegal tackle.

 

[TCL]

I feel sorry for all involved, they all have to live with the concequences of that tackle, the same can be said for that bowl, that work injury, that car crash…..........

I think Alex should be entitled to receive everything he or anyone of us would be entitled should God forbid we were to receive such an injury.

If the NRL's insurance or other means are available for him to receive further compensation then good luck to him. How can anyone begrudge a person in his position from wanting to secure his and his families future.

I'm sure he would swap it all to be able to run out onto the field.

 

[happy_tiger]

headline ignores he is also personally suing jordan mclean…pretty unfair in my opinion. its not like it was done maliciously, if that goes through and mclean is found guilty this sport will get VERY ugly very quickly.

players like taniela, dwyer and many more who had their careers ended and still have disabilities today, have a precedent to sue people involved in the relevant tackle from now on

Completely fair. Mclean deliberatley did an illegal act that resulted in the injury. Yes he didn't mean to break his neck, but he deliberately reached down and lifted. The consequences of this illegal act were catastrophic and he deserves to be sued for everything.

I dont feel sorry for Mclean one bit. He had Mckinnon, then reached down and lifted.
Yes there are worse tackles all the time, and everyone is unlucky at the result of Jordans tackle, no doubting that, but he chose to do the illegal act, and he deserves to be punished as a result Alex's injury.

If i hit someone with my car speeding and injure them, i get charged with neg driving causing harm, if i do the exact same thing but the victim dies, then im charged with Manslaughter. Same illegal act, different consequences, different punishment.

Mclean hasnt been punished at all for what he did.

Im all for Alex suing Mclean. He may even have ancase agaisnt the practices employed by Melbourne. He definitely has a case againt the NRL for not punishing lifting tackles adequately to deter players doing them.

Do you feel sorry for Sean Abbott? He didn't mean to kill Phil Hughes, but when you bowl bouncers there is always the risk of injuring the batsman.

It wasnt an illegal delivery so your point makes no sense at all. Mcleans tackle was illegal.

But that's what the family was arguing in court , they believed that the intimidatory bowling law should of been used by the umpires

 

[Nelson]

Interesting debate… I'm not certain the McCracken case has any relevance as they were sueing for 2 different things.

The $20m is more than likely the full liability limit that Insurance companies will pay... So why not go for the top amount?

Further to that, I'm not convinced the definition of 'Illegal' under the rules of the game has any legal binding formation outside of the game. This debate will more than likely drag out for along time with Lawyers arguing if the NRL Rules are actually legal, then do they have any context in this type of suit.

As I said earlier, I cant begrudge Alex for getting what ever he can.

I assume he's bringing actions in negligence and assault (trespass to the person). If he is then the rules of the game are relevant to both causes of action. In the case of negligence the rules of the game inform the extent of the voluntary assumption of risk (which is one of the defences to a claim of negligence). A player will be taken to have consented to the physical contact (and possible injuries) that take place within the context of the ordinary rules of the game. If the action is outside the rules of the game then voluntary assumption of risk arguably doesn't apply as a defence.

In terms of trespass to the person that action does not arise in relation to physical contact within the rules of the game. Conduct outside the rules of the game though (such as deliberate punches and the like) could result in liability for trespass to the person. The main issue here would likely be voluntariness. While a punch is clearly voluntary there are other forces at play in a tackle.

 

[Cultured_Bogan]

It doesn't matter how much McKinnon "wins" from this settlement. He's already lost.

 

[GNR4LIFE]

It doesn't matter how much McKinnon "wins" from this settlement. He's already lost.

My guess is he's being influenced. Being in a vulnerable state like he is, he is probably easily mislead.

 

[Cultured_Bogan]

It doesn't matter how much McKinnon "wins" from this settlement. He's already lost.

My guess is he's being influenced. Being in a vulnerable state like he is, he is probably easily mislead.

I don't mean in the legal sense mate, I mean that no matter how much money he gets from this settlement or ruling, he lost out the second he was confined to a wheelchair for the rest of his life.

 

[Tiger_Tim]

Having not watched the tackle for quite awhile reminds me that i wished he hadn't ducked his head. I'm sure it was a instant reaction but how that young man's life has changed because of that split second.

 

[Telltails]

He has already met with Todd Greenberg and the players association letting them know of his intent. He is simply looking after his own best interests now having a clearer understanding of the costs involved in managing his injury and recovery. Perfectly understandable - pretty sure we would all do the same.

 

[goldcoast_tiger]

It doesn't matter how much McKinnon "wins" from this settlement. He's already lost.

My guess is he's being influenced. Being in a vulnerable state like he is, he is probably easily mislead.

I don't mean in the legal sense mate, I mean that no matter how much money he gets from this settlement or ruling, he lost out the second he was confined to a wheelchair for the rest of his life.

Why make assumptions about him being misled? You ( like most of us)have no idea what's happening in his life.

Going on the fact that he's actually sueing both the NRL and McLean, I'd guess that the advice that he's getting is spot on.
How is that misleading him. Good luck to him.

 

[Fade_To_Black]

Accidents happen every day KS

Some are far worse than others

The NRL is to blame , they have had every chance to penalize the offenders heavily and smashed them with a wet tissue

Blame the game , not the individual

Seriously??? Dont blame the individual that made the decision to lift? McLean made the decision to break the rules. He knew thats illegal in the NRL, yet he chose to do it. He has to suffer the consequences of his actions. He made the decision. Yes he didnt mean for Alex to break his neck, every fair minded person would agree with that, but he deliberately broke the rules and we all know the result of his decision to lift.

I know my opinions on this aren't going to be popular or even legally right , it's just how I feel

The NRL floats around everything and never takes a stance on anything

If the game put a big enough ban on these types of tackles they'd never happen again

Look what happened in the early 80's when they started throwing around 18 month bans against players

I agree with that. The NRL has a lot to answer for. They allowed Craig Bellamy to employ the dirtiest most dangerous tactics in the games history. Blatant swinging arms of the ild days are nothong compared to what Bellamy has introduced. The NRL needs to be gunned down for it, likewise Bellamy and Melbourne.

Bellamy won't claim any form of responsibility for anything, apparently he knows nothing about anything, getting caught out in 2010 proved that. He's scum. Not that he is the main person responsible in this instance but he has introduced and encouraged dodgy practises on the field for many years, usually with a green light by the NRL and it's judiciary it seems.
The Storm is the NRL's only foothold in AFL-mad Victoria, the NRL would want them to exist and prosper at any cost. They will throw themselves in front of the legal bus to save the Storm's arse IMO.
People need to be held to account for this tragic incident, not get off basically worry-free while a bloke is reliant on a carer for the rest of his days.
The NRL thought they could just hold an "Alex McKinnon Round" and the whole matter would be forgotten over time without too much damage to the NRL's reputation and brand. Glad to see them have to face proper judgement and accountability finally.