Some of the blame? Trespassing, along with violating whatever other stipulations are part of the liability and conditions on the back of the ticket to gain entry.
And the player can very easily claim it was in self defense for himself and everyone on the field.
As with most things in life, don’t break the law and don’t be an idiot.
Like i said, a good lawyer will make him pay. No reason for such an aggressive hit, hardly self defence. And it looks like he and some of his mates thought it was pretty funny how hard the hit was.
I don't believe that a streaker has ever successfully sued a team even after taking a hit from either a player or security, mainly because if you look at the terms and conditions on your tickets it usually warns you about things like going on the field.
In fact in Europe, there was a successful trend of teams suing streakers successfully.
The common defense of the players is that if a stranger comes on the field and in the vicinity of the players that its pretty much self defense.
I doubt any lawyer would take on that case, except to defend the player from paying a serious fine and legal fees.
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My name is Ozymandias, King of Kings;
To the lawyers (preferably) and armchair lawyers, what happens is a player decks a streaker as happened in Vancouver Saturday and the streaker gets hurt? It also happened in Edmonton last year. What are the chances that the injured fan could successfully sue the player or does he/she give up those rights upon entering the field?
The Citizen's Arrest and Self Defence Act permits "the reasonable use of force, taking into account all the circumstances of the particular case," says a backgrounder posted on the Department of Justice website. However, "a person is not entitled to use excessive force in a citizen's arrest."
The new law was nicknamed the Lucky Moose bill, after the case of David Chen, the owner of the Lucky Moose food mart in Toronto's Chinatown. He was charged with forcible confinement and assault after he and colleagues tied up a career thief and tossed him in a delivery van.
This enactment amends the Criminal Code to enable a person who owns or has lawful possession of property, or persons authorized by them, to arrest within a reasonable time a person whom they find committing a criminal offence on or in relation to that property.
The law on a party voluntarily assuming risk is pretty well set in Canada – there’s even an old Latin maxim that dictates the law on the matter – volenti non fit injuria. The maxim holds that no wrong can be done to a person who consents to the injury.
It is incredibly rare for a trespasser to successfully sue a property owner for an injury, but it is not unheard of. Generally speaking, if someone trespasses on your property and they get hurt, you will not be liable. You are free from blame unless:
You have acted violently or aggressively toward the intruder, which causes injury.
You have been grossly negligent and/or expect that trespassers may enter your property. For instance, if you know about a serious property hazard and you take no steps to post a warning, you could be liable.
So what happens if the user is a trespasser? Canadian law has taken a generous approach in the treatment of a trespasser who is injured on private property.
I don't think its funny or cool that someone in full gear hit a fan that hard on the field.
But if a security guy does it, it's totally okay?
Hit wasn't excessive in my opinion. It wasn't like he launched his helmet into his head, or unnecessarily dove at his knees. Plus, player safety is #1 (that's why security is there in the first place), so if a player lends a helping hand I don't see a problem with it.
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Hit wasn't excessive in my opinion. It wasn't like he launched his helmet into his head, or unnecessarily dove at his knees. Plus, player safety is #1 (that's why security is there in the first place), so if a player lends a helping hand I don't see a problem with it.
Yes mostly. A security guard wont be wearing full gear that will greatly increase chance of injury like a player has.
Do you want your players smoking fans like that? What if this guy blew out his shoulder hitting a fan? Pretty stupid way to get hurt right?
Wrestling has been notorious for the occasional fan getting involved in the ring and wrestlers would go all out assaulting the fan. None of the incidents I’ve heard where the fan won a lawsuit against the wrestler or promotion
He was hit by defensive back Marcell Young and the law firm claims he has suffered a head injury.
“Our client suffered serious injuries, including a mild traumatic brain injury, as a result of being violently struck by BC Lions player Marcell Young. Our client has been released from the hospital and is now recovering at home. His future prognosis remains unclear,” reads part of the statement.
After being hit, the man was eventually escorted off the field by security and removed from the stadium.
I hate saying this but maybe BC Place needs to get security guards who are capable of catching the streaker as well. Could have avoided the entire situation IMO.
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I hope the clown who invaded the pitch is charged with criminal mischief and I'll be disappointed if he gets even one thin dime as far as a settlement is concerned.
Hit was certainly harder than it needed to be. But still, wasn't overly vicious. In a situation where a guy is actively running away from security and a bystander helps subdue the perp, it should always break in favour of the person trying to 'keep the order' in situations of uncertainty.
Big picture though, I don't get why this guy wants to play up the situation. Might get a short-term payout if he's lucky, but having this story publicized hurts long-term job prospects too.
Watching the CFL endlessly blow the Rough Riders really makes me want to just not watch this product anymore. The Riders are a mediocre team, and yet, they're being shoved down our throats collectively.