Concussion is prevalent in some sport and is known to cause a variety of consequences for the affected athlete. It is argued that the person who enticed an athlete to participate in such dangerous activities has a 'duty of care' to warn the athlete of the inherent risks. Failure to do so would constitute the initial breach in a claim of negligence, should the athlete suffer the consequences of concussion. This does not necessarily result in the Plaintiff being successful in litigation. Some possible reasons for failed litigation are raised to whet the appetite of the reader to contribute to the ongoing and growing debate related to the legal ramifications of concussion.