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Sun In
Your Eyes? Just Sue It!
It
has been almost two years since 13-year-old Brittanie Cecil attended a
National Hockey League game and was struck in the forehead by a puck that
flew into the stands. Brittanie died two days after a deflected slap shot
struck her, raising questions about the responsibilities of teams and
arenas to protect fans. It was also the first such fatality in league
history.
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Two years before the
Brittanie Cecil incident, 21-year-old Chad Hildebrand was at a senior
men’s hockey league game in Winnipeg, Manitoba, when a puck flew into
the crowd and glanced off a friend’s head before hitting him in the
temple. Hildebrand went home, collapsed and fell into a coma. After a
week, he was taken off life support and died.
Hockey is not the only sport causing fan injury and/or lawsuits.
Consider the following, which fortunately did not involve deaths:
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In Chicago, a jury found
in favor of a malicious prosecution lawsuit filed against the Chicago
Cubs and awarded $475,000 to Ronald Camacho, 36, who was attacked by
several Los Angeles Dodgers players during a May 16, 2000, melee at
Wrigley Field. Ballpark security signed a criminal complaint alleging
disorderly conduct, a charge that was later dropped. Camacho’s attorney
had asked the jury to award the man $500,000 in damages. The Cubs had
argued that Camacho shouted obscenities at Dodgers players, and punched
and spit in the face of one player in an effort to instigate further
violence.
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In Miami, a Florida
Marlins fan sued the team after he was injured from a T-shirt that
mascot Billy the Marlin fired from a cannon into the upper deck. The
78-year-old spectator claimed that he received permanent injuries and
asked a court for $15,000 for his pain and suffering. The man lost the
lawsuit.
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In Detroit, the Tigers
faced a million-dollar lawsuit after a splinter from a broken bat hit a
little girl in the stands. The girl’s personal injury lawyer said that
the Tigers failed to provide adequate seat protection, and therefore,
were liable for her injuries. A court agreed, but four years later, the
verdict was overturned.
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In Los Angeles, a Kings
hockey fan won a $3 million settlement in 2000 after he was hit in the
head by San Jose Shark Joe Murphy after a Los Angeles Kings goal. Both
sides understood that it was probably not “reasonably foreseeable” that
the fan might be hit with a puck that was fired in anger after a goal
was scored.
Lest you think these
incidents
happen only within the professional ranks …
In a Little League mishap, a
coach was hitting some practice balls to his players. Unfortunately, one
of the balls ended up knocking out the two front teeth of one of his
players. The player’s parents sued the volunteer coach, who ended up
paying an undisclosed amount to settle the case.
Finally, on one sunny afternoon in a separate Little League incident,
coaches moved their second baseman to fill in for an absent outfielder.
After the player lost a fly ball in the sun and was hit in the eye, his
parents sued for $25,000, claiming that the coaches should have given
their son better instructions on how to catch a baseball in the sun or—at
the very least—provided him with flip-down sunglasses.. |
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