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But the truth is, if you are using the latter two to argue against fighting, you should also be arguing against any and all contact in the sport. Particularly since most concussions and head injuries are caused by bodychecking, not fighting.
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But actually this is the NHL's biggest weak spots from a liability standpoint. They have acknowledged the role of body checking on head trauma and have taken steps to eliminate head injury from body checking. They're accepting some responsibility for the health of players actually playing the game by automatic suspensions for any head contact.
It is not consistent then with its position on fighting. If the reason for eliminating head shots in checking was for player health and then if punches to the head are shown to debilitate players then why aren't they taking steps to eliminate punches to the head. It's a massive lawsuit waiting to happen. Because of which fighting will be a distant memory in not too long.