A new wave of concussion litigation in the UK and other jurisdictions suggests that the legal theories first tested in the NFL concussion litigation in the United States are now influencing sports governance across common-law jurisdictions. Claims are increasingly framed not around individual injuries but around systemic governance failures.

The U.S.: The NFL litigation as the original template

Modern concussion litigation in sport began with the claims brought by thousands of former NFL players against the league. The players alleged that the NFL:

Knew of the link between repetitive head trauma and long-term neurological disease

Failed to warn players of those risks

Minimised or delayed acceptance of emerging medical science

Prioritised the commercial interests of the sport over player welfare

The litigation was consolidated in re National Football League Players’ Concussion Injury Litigation before the United States District Court, Eastern District of Pennsylvania, and ultimately approved by the Third Circuit Court of Appeals in 2016. No admission of liability was made by the NFL.

The settlement is uncapped and has exceeded $1.7 billion, establishing a compensation scheme for former players diagnosed with serious neurological conditions,........

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