Rose Airaldi
Associate Editor
Loyola University Chicago School of Law, JD 2026
On Thursday, September 12th, Miami Dolphins quarterback Tua Tagovailoa sustained his third career concussion during a game against the Buffalo Bills. Following his previous concussions, the NFL and the NFL Players Association (NFLPA) worked diligently to implement new protocols aimed at enhancing player safety and reducing the risk of traumatic brain injuries (TBIs). However, this latest incident has reignited online debate about player safety, TBIs, and the NFL’s implementation of Guardian Caps at training camps and practices.
Guardian Caps are ‘large, soft-shelled pads’ worn on the outside of a football player’s helmet designed to reduce head injuries sustained during play. While these caps show immense promise for improving player safety, their introduction has sparked broader discussions about the NFL’s commitment to aligning with federal safety standards.
A new look for players: Guardian Caps
According to NFL research, Guardian Caps can absorb a minimum of 10% of the force from a hit when worn by a player, and up to 20% if both players involved are wearing the caps. Initially introduced during training camps, Guardian Caps have become the standard during NFL practice sessions. In 2022, the NFL mandated certain position groups – including offensive linemen, defensive linemen, linebackers, defensive backs, tight ends, running backs, and wide receivers – to wear Guardian Caps during preseason training. As a result, concussions among the members of those groups were reduced by almost 50%.
While the introduction of Guardian Caps has reduced the NFL’s potential liability and further aligned them with health and safety standards, players are not required to wear them during games. Currently, it is unclear if there will be a league wide consensus on wearing them. As of September 16th, only 6 players have debuted Guardian Caps for the 2024 season, including Kylen Granson of the Indianapolis Colts and Jeremiah Owusu-Koramoah of the Cleveland Browns. Granson has emphasized that his health and safety are far more important than the ‘aesthetic’ look of a conventional football helmet.
The NFL’s regulatory framework
As the largest professional sports league globally, the NFL must adhere to numerous regulations to ensure the health and safety of its players. The NFL – through the NFL Head, Neck and Spine Committee – has adopted a standardized concussion protocol requiring players exhibiting signs “suggestive of a concussion” to be immediately removed from play. Players who undergo Concussion Protocol are barred from returning to play until they are cleared by a team physician.
Further, the NFL and NFLPA have a labor agreement called the Collective Bargaining Agreement, which outlines financial benefits and improved health and safety protections for players. Established in 2011, this agreement is continually evolving. The CBA mandates several health and safety protocols, including the “enhanced enforcement of concussion protocol,” the creation of a committee to set equipment safety standards, and enhanced medical staffing requirements.
Beyond player safety, Guardian Caps also offer the NFL protection against potential liability. Guardian Caps add a safeguard in the chance of a negligence claim, such as in In re National Football League Players’ Concussion Injury Litigation (307 F.R.D. 351 (E.D. Pa 2015)). In this 2015 case, a class action lawsuit was brought against the NFL by players who suffered from neurological issues as a result of concussions suffered during their careers. Plaintiffs’ claimed that the NFL failed to adequately warn them about the dangers and long-term effects these injuries can have.
The case ultimately settled, and the NFL agreed to numerous undertakings, such as providing medical exams, compensation for neurological conditions, educational programming, and the creation of a fund to compensate members of the class. This case highlights the legal risks faced by the NFL if they do not focus on player health and the importance of acknowledging the long-term repercussions repeated TBIs can have on players long after they retire.
“You’ll never see me wearing one of those”
Despite the NFL’s assertions that Guardian Caps decrease the impact of head trauma, many players and fans alike remain skeptical – why? While the science is there, the “swag” is not. Rashod Batemen of the Baltimore Ravens informed ESPN, “You will never see me wearing that in a game.” However, Bateman is not the only player worried about how Guardian Caps will look. Tennessee Titans player Lloyd Cushenberry questioned whether he would don one during a game – “Swag over safety a little bit.”
Additionally, researchers at Stanford University found that the Guardian Caps did not significantly reduce the impact of hits that do not result in concussion, but nonetheless contribute to the future development of chronic traumatic encephalopathy (CTE). This raises concerns for players who are worried about the effects CTE will have on them long after their career is over. CTE is “a progressive degenerative disease” which affects individuals who have received repeated TBIs or concussions. CTE is often seen in athletes as they are often exposed to repeated head injuries during their careers.
The next step
Guardian Caps represent an important step the NFL is taking towards improving player safety within the league. As they continue to work with physicians and revise their policies through the Collective Bargaining Agreement, the NFL can continue addressing the ever-evolving safety concerns of players. Player safety remains a top priority and, as such, it is essential that the NFL continues to update their protocols to reflect enhancements in both regulatory standards and medicine.
While this 2024 season may look a bit different for fans across the nation, the hope is that more players realize the importance of prioritizing their health, insuring both longer careers and continued excitement on (and off) the field.