As someone who follows the NFL pretty closely, I’ve often wondered why NFL players sign liability waivers. It just seemed strange to me that a professional athlete would sign away their legal right to sue their employer for negligence or malpractice. After doing some research, I think I’ve uncovered why these waivers are necessary.
First of all, players are required to sign waivers to reduce the likelihood of costly and disruptive litigation. The NFL is a big business, and like any other large organization, legal disputes and liabilities can arise. To minimize their risks and avoid disrupting operations, the NFL’s attorneys craft liability waivers that all players must sign.
Moreover, signing a liability waiver means that NFL players are not just parting with their rights to sue, but are also committing to the terms of employment set forth in the collective bargaining agreement (CBA). This agreement is a comprehensive set of rules, rights, and protections that govern the relationship between NFL team owners and players. These rules include personal conduct policy, health and safety regulation, and conduct on and off the field.
What’s more, NFL players must sign liability waivers due to a ruling from the Eighth Circuit Court of Appeals back in 1993. The court held that the CBA prohibits players from bringing any legal action against the league, its owners, or any member of its staff, so in order to be bound to the CBA, players must agree to that language in the waiver.
I also learned that, in some cases, a player may be able to challenge the waiver if they can prove that they were coerced or tricked into signing it. This is far from common, though, so generally, these waivers remain binding and legally enforceable.
One final thought I have is that, while liability waivers may seem unfortunate, they do provide NFL players with a certain degree of protection. The CBA is not only there to protect team owners, but it also protects the players rights, too. Everyone wants to keep the NFL free of costly litigation and these waivers help ensure that happens.