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Recreation hockey injury

Reno79

Junior Member
#1
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
 

Zigner

Senior Member
#2
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
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.
 
#4
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...:eek:
 

adjusterjack

It's a Dry Heat
#7
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.
 
#10
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
I’m 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 wasn’t 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 doesn’t have nearly enough to indicate you can prove either one of those things.
 

quincy

Senior Member
#11
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/wisconsin/court-of-appeals/1992/91-2778-6.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/wisconsin/2016/chapter-895/section-895.52/

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