While football may be considered a physical and contact sport, that concept may slowly be changing without anyone realizing.

Due to lawsuits such as the one filed last April by former Huskie cornerback Charlie Jones Jr., football helmet company spokesmen claim it has become increasingly difficult to stay in business.

The football helmet industry and the court system are currently going through a tug-of-war which indirectly can affect the sport. The cost of liability insurance and the number of lawsuits filed have some corporations scared the risks are too great to continue. In the last 15 years, 25 liability suits have been heard in court, but that does not include the number of cases filed.

Currently two companies provide head protection for all the football teams in the country, which include pee-wee leagues all the way up to the professionals. Athletic Helmet, Inc., and Rydell have stayed in the market after two big names, Bike Athletic Company and Rawlings, have sold out. While Rawlings left just two months ago, Bike sold to AHI in April of 1987.

“The future of sports is affected drastically,” said Patty Broyles, communication manager for Bike. “Everyone is getting out because of liability. Industry-wise, it (the cost of liability insurance) is staggering.”

Attorney Kevin Duckworth, who represents Jones in a lawsuit that names Bike as a co-defendent, said he does not believe the court system has anything to do with the industry.

In the spring of 1985, Jones broke his neck during a football practice. Jones’ suit alleges “negligence in the design, manufacture, fabrication, marketing and sale of (the) football helmet, and that (such) negligence was a direct and proximate cause of the injuries and damages to” Jones.

“A helmet should be designed to protect the head,” Duckworth said. “Jones broke his neck. The helmet did not have adequate cushion to prevent this injury from happening.”

Duckworth said he believes the courts have nothing to do with the decrease in helmet companies, but competition does.

“They (the helmet industry) may want you to think that the reason is suits, but for some of the smaller companies it is just not profitable.”

Jim Van Deussen, director of promotions for AHI, agreed with Broyles that liability is a problem, but he is hoping the companies and the courts can work something out. Van Deussen said he was not allowed to mention the cost of insurance. Van Deussen said AHI has not had any suits filed against it in 1988, but he could not comment about the past. In regards to the average number of cases each year, Van Deussen said “it depends on what happens from year to year.”

Van Deussen said he believes the courts have to get away from high-priced lawsuits and give some relief to the industry.

“The court system has to change,” Van Deussen said. “Rewarding these large sums of money is unrealistic. We have to establish a sport foundation. Unfortunately accidents will happen, and it is not the fault of the helmets.”

Like Broyles, Van Deussen said he can see a possible change in the future of football if the courts do not let up.

“Once we stop manufacturing, the game is over,” Van Deussen said. “We (the helmet industry) need protection. If we stop, there’s no more football.”