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Canadian Hockey Rink Settlement Could Benefit Injured Fans
Injured spectators at arenas and sporting events may have the right to recover compensation for their injuries.
January 05, 2011 /Sports PR News/ -- A settlement bringing the end to a 14-year-old legal battle between an injured fan and a Nova Scotia hockey rink could possibly influence the way courts around the world view sporting event injury cases. Though the settlement terms were kept confidential, it is presumed that the victim -- 41-year-old Louitta Fischer -- received the compensation necessary to cover lost wages and care expenses accruing since her catastrophic injury in 1996, as well as those costs going forward.
Facts of the Sporting Event Injury
The March 1996 accident that caused Ms. Fischer's injuries is a tragically common scenario. She was an innocent spectator at a local hockey rink when a slapped puck flew over the rink-side glass, struck a handrail, ricocheted and struck Ms. Fischer in the side of the head. It was immediately apparent that her brain injury was life-threatening. She lapsed into a coma that lasted several months and, upon waking, she was left permanently disabled. As a result of the damage to vital parts of Ms. Fischer's brain, she is unable to walk or talk and she is no longer self-sufficient, unable to properly care for her own physical needs.
Following Ms. Fischer's injury, the hockey rink where the incident occurred installed protective netting to prevent a future mishap like the one that changed her life. In spite of their measures, the rink has consistently denied that they were in any way responsible for Ms. Fischer's injuries. They adamantly maintain that they were not negligent in any way, meaning that they took the proper precautions under the law to offer a reasonably safe environment for spectators and players alike.
From the rink's perspective, the installation of protective netting after the March 1996 incident in which Ms. Fischer was injured was simply an extension of their duties to provide a safe and fun experience for hockey fans, another layer of protection, if you will. Plaintiff advocates insist that their actions -- known in legal circles as a "subsequent remedial measure" -- could be seen as a de facto admission of guilt. Unfortunately for the public, since the case was confidentially settled, the world will never know.
After an Injury, Contact a Skilled Lawyer
In spite of the fact that nearly all rinks, ballparks, stadiums and arenas use boilerplate waivers on their event tickets in an attempt to avoid liability for injuries like ball/puck/broken bat strikes, slips-and-falls or others occurring on their premises, if you have been injured at a sporting event, concert, trade show, conference or other mass gathering, you may be able to recover compensation for your injuries. Speak with a personal injury attorney in your area who has experience handling spectator injury claims to learn more about your legal rights and options.
The law firm of Feldman Fox & Morgado similarly handled a case against an arena and sports franchise when a patron attending a game was struck by another fan while participating in a promotional event. The arena and the team failed to exercise reasonable care for the safety of the patrons and it was foreseeable that the manner in which they held this event should have put them on notice that patrons would push, shove and collide and cause injury.
Article provided by Feldman Fox & Morgado, PA
Visit us at www.fightfortheinjured.com
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