Sports lawsuit ?

[Cribbs]

My wife’s good friend went to the Lightning game this past Saturday and got drilled in the head by a puck. She had a huge goose egg above her right temple, black eye, and her eye swollen shut.

She was with her husband and two young sons so luckily the kids didn’t get hit. She had to be taken to the Er by ambulance and have a cat scan.

She is asking the Lightning to pay her co pays for the ambulance, cat scan, and Er. She knows the ticket is a disclaimer against responsibility of injuries suffered at the game.

They went to the media about this and it was picked up by all the local news agencies. She got major backlash in the comment sections but was warned by the reporters that would happen.

Anyways, anybody think she has a case if they filed a lawsuit or if the lighnjng should pay the hospital bills regardless of waived liabilities?

I don’t think she has a good case but don’t see the harm in asking. I would hope the lightning would pay as I don’t think it would make a dent in their profit but can’t blame them if they say go pound sand either.

 

[runkpanole]

In my non-lawyer opinion, she assumed the risk when she entered the arena.

 

[NDallasRuss]

Did she get to keep the puck that hit her?

I doubt that she's going to get anything from the team. That disclaimer and probably a long history of people before her trying and failing will win out. They're not going to set a new precedent now.

 

[Cribbs]

Did she get to keep the puck that hit her?

I doubt that she's going to get anything from the team. That disclaimer and probably a long history of people before her trying and failing will win out. They're not going to set a new precedent now.

No she didn’t get to keep the puck. Not sure if the lighting took it back or just was lost during the melee. Susposedly Stamkos was throwing towels to them to stop the bleeding or cover her up so the kids didn’t have to see the injury. That’s pretty cool.

 

[AllNoles]

Waiver is valid if it’s explicit that it releases them from their negligence, not just injuries. Florida Law is clear. But I don’t know how they’d be liable. What should they have done?

 

[Cribbs]

Waiver is valid if it’s explicit that it releases them from their negligence, not just injuries. Florida Law is clear. But I don’t know how they’d be liable. What should they have done?

Just to reiterate, I said I don’t think they have a good case.

Actually, they haven’t even filed a lawsuit. I just know they want the team to cover the medical bills. My guess is if the team says go pound sand they might file one because they did hire an attorney.

I’ll link one of the news articles.

 

[Cribbs]

http://www.wfla.com/news/local-news...ith-puck-at-lightning-playoff-game/1126300044

I don’t know, maybe they changed their minds about asking them to pony up for the medical bills. The original articles that’s was stated but the newer ones don’t mention it anymore.

 

[AllNoles]

Just to reiterate, I said I don’t think they have a good case.

Actually, they haven’t even filed a lawsuit. I just know they want the team to cover the medical bills. My guess is if the team says go pound sand they might file one because they did hire an attorney.

I’ll link one of the news articles.

They should ask if the arena has MedPay. Could cover a few grand on bills.

 

[Formerly Rockymtnole]

That's BS if they file a lawsuit and I hope they lose.

Stuff happens in life. It's not always someone's fault.

 

[RunRonnieRun]

http://www.wfla.com/news/local-news...ith-puck-at-lightning-playoff-game/1126300044

I don’t know, maybe they changed their minds about asking them to pony up for the medical bills. The original articles that’s was stated but the newer ones don’t mention it anymore.

Why the long face, Sabrina?

 

[OrlandNole]

I doubt that she's going to get anything from the team. That disclaimer and probably a long history of people before her trying and failing will win out. They're not going to set a new precedent now.

This. Sure, it's just co-pays now, but what about the next person that has no insurance and claims pain and suffering?

If you can afford to shell out big $ for you and your kids to get lower bowl playoff tix, the co-pay isn't a hurdle.

 

[JohnnieHolmesNole]

This case is a loser, but that is not to say a future one isn’t. What if the injury happened to a kid? He probably is not bound by whatever “release” is on the back of the ticket. And this plaintiff is not particularly sympathetic, and her injuries are fairly minor (just being honest). Take some lovable kid who becomes a vegetable, or worse, and these facts start to look very different. I know baseball is very concerned about this same issue.

 

[MIKE_G]

 

[SeaPA]

I'd say her chances of winning such a lawsuit are minimal. The only thing remotely in her favor is that she was apparently seated in the section just past where the safety netting ends, so she could try the argument that the point at which the netting ends is completely arbitrary and should have been extended (or go all the way around the rink) - as evidenced by the fact that she got hurt.

 

[GoNolesTX]

Somewhat to SeaPA's point. Given what happened in Columbus (and I want to say there was a second incident somewhere) when the girl ultimately died from being hit by a puck, that has lead to the netting around offensive zones, I'd say that it's a matter of what the NHL/Lightning's insurance has to say as to mitigated responsibility. I'm not sure what the determining factor was in where the nets start/stop, but I'd presume that it had something to do with velocity of attempted shot vs. velocity of a ricochet or clearance that'd go in to the stands in the neutral zone areas.

It'd be a solid PR move for the Lightning to cover co-pays but I wouldn't see them be bound or morally obligated to pay them.

 

[DFSNOLE]

This case is a loser, but that is not to say a future one isn’t. What if the injury happened to a kid? He probably is not bound by whatever “release” is on the back of the ticket. And this plaintiff is not particularly sympathetic, and her injuries are fairly minor (just being honest). Take some lovable kid who becomes a vegetable, or worse, and these facts start to look very different. I know baseball is very concerned about this same issue.

I agree that a child would be a more sympathetic victim. However, unless the child went to the game on their own the burden would fall upon the parents. They are the ones who bought the ticket, put the child in that seat, and did not adequately provide protection. They assume the risk for that child and any ramifications from it.

 

[AllNoles]

I agree that a child would be a more sympathetic victim. However, unless the child went to the game on their own the burden would fall upon the parents. They are the ones who bought the ticket, put the child in that seat, and did not adequately provide protection. They assume the risk for that child and any ramifications from it.

IF there is negligence (not saying there is) a release in Florida is totally unenforceable as to a kid. Doesn’t matter if parents signed.

 

[F4Gary]

What do baseball teams pay when a fan gets injured by a line drive foul ball? They have the same disclaimer on their tickets.

 

[DFSNOLE]

IF there is negligence (not saying there is) a release in Florida is totally unenforceable as to a kid. Doesn’t matter if parents signed.

Thanks. Don't even play a lawyer on TV.

 

[seminoledq]

Doesn't hurt to ask the team to help out but they aren't obligated to. Maybe she can get some signed pucks or sticks out of the deal and sell them to cover her costs.

 

[JohnnieHolmesNole]

I agree that a child would be a more sympathetic victim. However, unless the child went to the game on their own the burden would fall upon the parents. They are the ones who bought the ticket, put the child in that seat, and did not adequately provide protection. They assume the risk for that child and any ramifications from it.

Did BOTH parents buy the ticket? Did BOTH parents realize a waiver was on the back? In Florida, even where one parent purports to sign an express/detailed release for a minor, that release is not enforceable. This sometimes comes up in the context of divorced parents: "huh, you took Little Billy to a hockey game?? I never agreed to that, and I certainly never agreed to waive any of Little Billy's valuable legal rights."

 

[kc78]

I think (in my non-lawyerly opinion) that it depends on whether there was negligence. If they had all of the properly required safety processes in place and have warned fans that it could happen, then you're taking that risk when you enter (Same for foul balls at baseball games).

However if a baseball team didn't have proper netting in place, or it had a hole in it that the ball came through, etc... then there might be a case. It doesn't sound like there was negligence, so aside from just using bad PR to get a bit of money, not certain there's much of a case. But I'm no lawyer and might just be completely wrong.

 

[AllNoles]

Short legal clinic from your resident ambulance chaser.

1. Venues are only liable if negligent. That means that they did something a repayable person would not do or failed to do something reasonable people would do under the circumstances. Tough part is this is almost always up to a jury so you can’t say here if a venue was negligent or not. You can just give your opinion. I have no facts about the safety stuff at these places but suspect they can show they work very hard to balance game/viewing experience with safety.

2. Releases are valid as to adults IF the release expressly says the person is releasing the venue from negligence. It can’t just say it’s releasing from liability for damages. Florida courts require that people know clearly what they are releasing for it to be valid. And honestly that’s for SIGNED releases and I haven’t looked at ones on the back of tickets. I will say most purported releases do not have the required language.

3. Releases are not valid as to kids. Not even if parents signed them. And venues can’t require parents to indemnify for liablity to kids. Is against public policy. The case is Claire’s or something like that.

In the end a bad injury by a kid is scary for them because release isn’t valid and six members of the pubic decide liability. Those cases usually settle.

 

[funksouljon]

Its a risk taken to go to public, everyone knows there is a chance of a stray puck at a game.

Ignoring the legalese, I'd say no to the suit, take your lumps and be happy it wasn't worse. That doesn't mean they won't sue or get a settlement, but sometimes stuff just happens.

What was the flight time of the puck from ice to face? Was she not watching the game?

 

[ericram]

A lawsuit is ridiculous. Now, in prior situations some the teams have helped pay medical bills of injured fans for good will. While not to take away from this woman's injury, but it did not look too bad.

 

[JohnnieHolmesNole]

Short legal clinic from your resident ambulance chaser.

1. Venues are only liable if negligent. That means that they did something a repayable person would not do or failed to do something reasonable people would do under the circumstances. Tough part is this is almost always up to a jury so you can’t say here if a venue was negligent or not. You can just give your opinion. I have no facts about the safety stuff at these places but suspect they can show they work very hard to balance game/viewing experience with safety.

2. Releases are valid as to adults IF the release expressly says the person is releasing the venue from negligence. It can’t just say it’s releasing from liability for damages. Florida courts require that people know clearly what they are releasing for it to be valid. And honestly that’s for SIGNED releases and I haven’t looked at ones on the back of tickets. I will say most purported releases do not have the required language.

3. Releases are not valid as to kids. Not even if parents signed them. And venues can’t require parents to indemnify for liablity to kids. Is against public policy. The case is Claire’s or something like that.

In the end a bad injury by a kid is scary for them because release isn’t valid and six members of the pubic decide liability. Those cases usually settle.

As to your paragraph 3 above, see Section 744.301(3), F.S. There are certain releases, that, when properly signed by guardians/parents, release a commercial activity provider from certain types of "inherent risk" claims asserted by minors.

 

[AllNoles]

As to your paragraph 3 above, see Section 744.301(3), F.S. There are certain releases, that, when properly signed by guardians/parents, release a commercial activity provider from certain types of "inherent risk" claims asserted by minors.

Read Claire’s. Statute doesn’t apply to the commercial activity company’s own negligence. Honestly the statute is pretty redundant and useless in that no one should be liable in the absence of negligence.

 

[kc78]

I would argue that a good community venue would be willing to assist in covering some medical fees, although I can see lawyers arguing that if they agree to cover any of it that they're potentially on the hook for all of it if it becomes expensive. If it's a pro team though, I'd think from a good will perspective, it would make sense to simply do it and have insurance to cover when needed.

 

[MIKE_G]

Next Lightning promotion: hockey mask night.

 

[Cribbs]

Whoa man, they are getting killed on social media and now local sports talk. They were warned this would happen but I wonder if they knew full extent of the backlash.

 

[ohio#1nolefan]

My question is, how the heck didn't that honker stop the puck?

 

[noleclone2]

I would argue that a good community venue would be willing to assist in covering some medical fees, although I can see lawyers arguing that if they agree to cover any of it that they're potentially on the hook for all of it if it becomes expensive. If it's a pro team though, I'd think from a good will perspective, it would make sense to simply do it and have insurance to cover when needed.

My exact thoughts. Not a liability thing at all, there is literally none. Just a black eye.

But would be nice move to pay for medical costs out of pocket for person hit by puck. It’s not like people are leaving the game everyday in ambulance.

If they are indeed asking around about a lawsuit, hoping to cash in, they are scum and you should find new friends.

 

[Urban Cryer]

I’m sure Morgan and Morgan would take the case!

 

[Gonolz]

http://www.wfla.com/news/local-news...ith-puck-at-lightning-playoff-game/1126300044

I don’t know, maybe they changed their minds about asking them to pony up for the medical bills. The original articles that’s was stated but the newer ones don’t mention it anymore.

The team probably paid something out with a non-disclosure agreement with the family allowed to comment on safety measures beyond current NHL requirements. Ticket disclaimers and legal obligations aside, I think that sports teams making a lot of money off fans should throw a little something to cover injuries when fans get injured through no fault of their own.

I'm not much of a hockey fan, but am following the Lightning playoffs. Great game today. Go Bolts!

 

[62Nole]

Rough the kid up so he looks like mom and claim they both got pucked.