Weird question but I’ll ask in case anyone has experienced this: Has anyone taken legal action against an opponent in a recreational men’s beer league? ; a teammate was blindsided by an opponent who skated about 25 feet and jumped into a body check to a player that was skating and not looking, essentially a premeditated attempt to injure. The player was knocked to the ice, helmet went flying and head struck the ice. The player suffered a pretty severe concussion, missed time from work, etc. Just wondering if anyone had experience pursuing legal acton?
Weird Beer League Question
Started by Moose, Dec 23 2019 10:47 PM
11 replies to this topic
#2
Posted 24 December 2019 - 05:02 AM
I think that there's an understanding of what's reasonable to expect from opponents in hockey - and that doesn't make the grade. A slash on the shins, you can expect - so no charges. A hard cross check - no charges. Even a punch to the head at close quarters when battling - it all makes sense. What you're describing is something that'd lead to a suspension at the pro level. I'd suggest talking to a lawyer ASAP about it. If nothing else, the perpetrator should be banned from the league for life.
#3
Posted 24 December 2019 - 11:41 AM
File a police report and get a lawyer involved immediately. There's no place for something like that in rec league hockey.
A local rink had a player get jumped from behind and pummeled to a pulp on the ice (breaks in facial bones, concussion, lacerations... really, it was ugly) Legal action was taken and carried out against the player, league, and rink.
#4
Posted 26 December 2019 - 05:32 PM
From a police officers perspective, I wholeheartedly agree to file a battery report and pursue a civil claim for lost wages and medical costs. I tell refs in my leagues all the time, don’t let stuff get out of hand, because they could be named in a lawsuit if someone gets seriously hurt.
#5
Posted 28 December 2019 - 04:38 PM
File a police report and get a lawyer involved immediately. There's no place for something like that in rec league hockey.
A local rink had a player get jumped from behind and pummeled to a pulp on the ice (breaks in facial bones, concussion, lacerations... really, it was ugly) Legal action was taken and carried out against the player, league, and rink.
How was legal action carried out against the rink and or league? My league we have to sign a waiver releasing the league from any legal action.
#6
Posted 29 December 2019 - 06:14 PM
How was legal action carried out against the rink and or league? My league we have to sign a waiver releasing the league from any legal action.
realistically, those waivers aren't worth the paper they're printed on. when you bring any kind of lawsuit it's wise to name just about anybody involved. for some defendants it might not get very far but until a judge excludes you you're in it.
our league once had a guy sue because he thought he was tripped when he broke his leg. unfortunately for him video proved that the guy never touched him and he just toe-picked.
imo, unless you can PROVE intent (verbal threat, pattern of dangerous hits) then you have no business filing criminal charges when it comes to sports injuries. I would hope though that the league would ban him for life.
always looking for non Reebok L & XL shells......
#7
Posted 29 December 2019 - 09:05 PM
Lawyer here, and I'm a bit confused about what you are suggesting by "legal action." Are you talking about a suit for civil damages (i.e., money)? I saw someone mention "charges" above, and making it a criminal matter is an entirely different ball of wax, obviously. Unless there's video demonstrating a flagrant disregard for basic safety and conduct way, way outside of what could be considered an inherent part of playing a violent contact sport, no prosecuting authority will waste limited resources pursuing a misdemeanor assault/battery charge, especially based on conflicting testimony alone.
Civil damages are likewise a longshot for the same reason, and would take years to get all the way to court, much less a favorable judgment, much less being able to collect actual money on that judgment. And that's not factoring in the litigation costs associated with taking that route. To be honest, no worthwhile plaintiff's lawyer would touch the case unless we're talking about grave, life-changing injuries.
This is based on American law. I have no idea how things would work in Canada.
#8
Posted 29 December 2019 - 09:40 PM
Lawyer here, and I'm a bit confused about what you are suggesting by "legal action." Are you talking about a suit for civil damages (i.e., money)? I saw someone mention "charges" above, and making it a criminal matter is an entirely different ball of wax, obviously. Unless there's video demonstrating a flagrant disregard for basic safety and conduct way, way outside of what could be considered an inherent part of playing a violent contact sport, no prosecuting authority will waste limited resources pursuing a misdemeanor assault/battery charge, especially based on conflicting testimony alone.
Civil damages are likewise a longshot for the same reason, and would take years to get all the way to court, much less a favorable judgment, much less being able to collect actual money on that judgment. And that's not factoring in the litigation costs associated with taking that route. To be honest, no worthwhile plaintiff's lawyer would touch the case unless we're talking about grave, life-changing injuries.
This is based on American law. I have no idea how things would work in Canada.
The player injured wants his pain and suffering compensated for, this wasn’t a contact league it’s a league that is glorified shinny. There is video evidence of the hit. He was just curious of how likely a successful legal claim would be
#10
Posted 16 January 2020 - 01:48 PM
I saw that. I'll be curious to see if it stands up on appeal and how long it takes for said appeal to go all the way.
always looking for non Reebok L & XL shells......
#11
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Posted 18 January 2020 - 12:51 PM
I know here it became mandatory for rec leagues to carry insurance. I would imagine for cases like this so there was an avenue and the city could avoid litigation....
#12
Posted 24 January 2020 - 10:20 PM
seek a lawyer and file charges as well. A friend had an idiot from Team LTD in oakville slash him over the head with a stick and knocked him out. He pursued charges and went through with it.
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