Personal Injury

[TIMMAAYY]

OHIO

I play hockey in a men's league, run by a local facility. The facility has all the players sign a waiver that contains the language " indemnify the owners, management, other participants .... from injury, death.... even if due to the negligence of the other parties failure to sign a waiver... to the fullest extent of the law."

Situation: During a game, a player intentionally and maliciously attacks another player. This is a non contact league, meaning no checking. And this is above and beyond what would be considered "checking". Player "A" attacks Player "B" from behind, using his stick as a weapon, and striking Player "B" in the neck and jaw, breaking his jaw and causing him to need surgery to repair several broken teeth as well.

Question: Can "B" sue "A" for any damages? My argument is that the waiver is only intended for any damages or injuries that would be expected in the course of the game. Clearly, an outright attack is outside the realm of what a reasonable person would expect during the course of the game. If one were to take the waiver we all sign literally, one player could literally beat another player to death on the ice and have no consequences.

What are the options for "B" to recover his losses from "A" ?

[You Are Guilty]

Originally Posted by TIMMAAYY

OHIO

I play hockey in a men's league, run by a local facility. The facility has all the players sign a waiver that contains the language " indemnify the owners, management, other participants .... from injury, death.... even if due to the negligence of the other parties failure to sign a waiver... to the fullest extent of the law."

Situation: During a game, a player intentionally and maliciously attacks another player. This is a non contact league, meaning no checking. And this is above and beyond what would be considered "checking". Player "A" attacks Player "B" from behind, using his stick as a weapon, and striking Player "B" in the neck and jaw, breaking his jaw and causing him to need surgery to repair several broken teeth as well.

Question: Can "B" sue "A" for any damages?

Generally yes. Even assuming the waiver applies from player-to-player (as opposed to player-to-mgmt), you can't waive intentional, criminal acts. (Just take a look at the NHL - there are at least two similar cases that have occured within the past year, and they do permit fighting.) Of course, you'd have to prove that A's conduct was intentional, or at least grossly negligent (video of the incident? witnesses?), but once you got over that hurdle, it's a relatively simple case.

What are the options for "B" to recover his losses from "A" ?

Contact the police, file charges, and after the criminal case is over, file a civil suit for assault & battery.

[TIMMAAYY]

Thanks for the reply Senior. That's about what I had anticipated, but I needed a second opinion. For the record, there is video of the incident that clearly shows the attack. I'm thinking that even if provoked by "B", as in verbal abuse ( happens alot in this sport ) that it's still uncalled for and is a criminal act. "A" should be held liable for any damages he has set upon "B". Thanks again for the response.