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  1. #1
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    Recreation hockey injury

    What is the name of your state (only U.S. law)? WI
    Recently I starting going to a beginners hockey program to re-live some hockey playing skills I used to play pond hockey as a kid. The beginners program quickly turned out to be a time for skilled adult players who play in leagues to get extra ice time during a beginners ice program. That turned into me skating at a more competitive level to compete with the majority of non beginner players which resulted in a broken wrist and out of work for around 8 weeks, plus medical bills, ect. Anyone think I have a case against municipal ran facility that was supposed to be for beginners? Thanks


  2. #2
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    Quote Originally Posted by Reno79 View Post
    What is the name of your state (only U.S. law)? WI
    Recently I starting going to a beginners hockey program to re-live some hockey playing skills I used to play pond hockey as a kid. The beginners program quickly turned out to be a time for skilled adult players who play in leagues to get extra ice time during a beginners ice program. That turned into me skating at a more competitive level to compete with the majority of non beginner players which resulted in a broken wrist and out of work for around 8 weeks, plus medical bills, ect. Anyone think I have a case against municipal ran facility that was supposed to be for beginners? Thanks
    You knew and know the risks of playing such a sport. You voluntarily assumed those risks. Furthermore, I'm sure that the paperwork you filled out when you signed up included a liability waiver of some sort. Feel free to run this by a local attorney, but I don't see much hope you you successfully recovering anything from the facility.


  3. #3
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    Quote Originally Posted by Reno79 View Post
    What is the name of your state (only U.S. law)? WI
    Recently I starting going to a beginners hockey program to re-live some hockey playing skills I used to play pond hockey as a kid. The beginners program quickly turned out to be a time for skilled adult players who play in leagues to get extra ice time during a beginners ice program. That turned into me skating at a more competitive level to compete with the majority of non beginner players which resulted in a broken wrist and out of work for around 8 weeks, plus medical bills, ect. Anyone think I have a case against municipal ran facility that was supposed to be for beginners? Thanks
    You assumed the risk when you continued skating ... part of sports is the risk of injury. And I bet when you signed up you may have signed a contract which either limited or released the facility from liability.


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  4. #4
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    Quote Originally Posted by Zigner View Post
    You knew and know the risks of playing such a sport. You voluntarily assumed those risks. Furthermore, I'm sure that the paperwork you filled out when you signed up included a liability waiver of some sort. Feel free to run this by a local attorney, but I don't see much hope you you successfully recovering anything from the facility.
    You typed quicker than I...


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
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    Quote Originally Posted by Ohiogal View Post
    You typed quicker than I...
    I stayed at a Holiday Inn Express last night.


  6. #6
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    Quote Originally Posted by Zigner View Post
    I stayed at a Holiday Inn Express last night.
    Well goody for you LMAO. I stayed at home last night.


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  7. #7
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    Quote Originally Posted by Reno79 View Post
    The beginners program quickly turned out to be a time for skilled adult players who play in leagues to get extra ice time during a beginners ice program. That turned into me skating at a more competitive level to compete with the majority of non beginner players
    How quickly?

    Did you go out on to the ice and instantly realize that you were competing against more skillful players?

    Did you then keep playing in spite of that knowledge?

    If yes to both questions then that's an assumption of risk that's very difficult to overcome in addition to the waivers you signed.


  8. #8
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    Never signed or signed up for anything. It is a pay as you go program.


  9. #9
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    Quote Originally Posted by Reno79 View Post
    Never signed or signed up for anything. It is a pay as you go program.
    So ... you continued to pay to play after learning the other players were more experienced?

    I think you will have a difficult time with a lawsuit.


  10. #10
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    Quote Originally Posted by Reno79 View Post
    What is the name of your state (only U.S. law)? WI
    Anyone think I have a case against municipal ran facility that was supposed to be for beginners? Thanks
    Iím not seeing one from what you have said so far. As others have indicated, there is an assumption of the risk problem here. Moreover, a broken risk can happen in hockey or skating at any level and can be the result of your own errors as much as what anyone else does. You did not say exactly how you broke your wrist nor have you said how that related to skating with the more skilled players. What was it about going out with the skilled players that resulted in the injury? If the exact same thing might have happened while out with the beginners then it wasnít the fact that you were out with more skilled players that was the cause of the injury.

    The bottom line is that even without the assumption of the risk element, you have prove that the municipality was negligent AND that it was that negligence that was the cause of the injury rather than something else. Your post doesnít have nearly enough to indicate you can prove either one of those things.


  11. #11
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    As a note, "assumption of risk" was abolished in Wisconsin as a defense.

    See: Klos v. Eau Claire Cavalier Baseball Association, Inc., 170 Wis.2d 77, 86, 487 N.W.2d 77, 81 (Ct. App. 1982): https://law.justia.com/cases/wiscons...91-2778-6.html

    Wisconsin uses an "open and obvious danger" defense to a claim of negligence. It is not an absolute defense. The negligence of both parties is weighed.

    The problem I see with a lawsuit against the municipality in the described situation is Wisconsin's "recreational immunity from liability" statute.

    Here is a link to the law (895.52): https://law.justia.com/codes/wiscons...ection-895.52/

    Had this been an organized sports team activity rather than hockey practice/classes, the immunity would not apply. But here it does.


    Last edited by quincy; 01-12-2018 at 02:34 AM.
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