Guys- As some as you know I am a season ticket holder of the Blue Jackets and I am truly saddened. I was at the game 3 sections away (I'm in 102, she was in 119 I think). It was a deflected shot thayt went screaming into the stands. It was one of the shots you never see in hockey, a shot hard and high. She was sitting near the top of the lower bowl and the puck actually deflected off another man's head in front of her. Whenever a shot goes into tthe growd at the gNat the employees working nearby immediately go to the area and usually there is a thubs up sign given, which always brings a polite clapping from the crowd, knowing everyone is safe. This time was very different. She had a lot of blood on her. The ushers immediatly raised their hands and called the paramedics (they kind of give a siren motion witht heir arms). Everyone knew something was wrong. mike Sillinger (one of the Jacket players) immediately came from the bench and threw some towels in the crowd to help with the blood, the paramedics got to her quickly and as stated she appeared to be hurt but not severely. She walked out under her own power. I'm still shaken by this. I feel so sorry for her father who took her to the game as an early birthday present, I feel for Espen Knutsen (the Jacket who initially hit the puck), I feel for the man who got hit before her (he is fine but I know he must be shaken as well). Please everyone say a small prayer in the coming days for her family.
Nah, it's not. What you are referring to would be strict liability. My tort law courses took place already a few years ago, but I never heard of strict liability for swimming pool owners. I would be very surprised if that were the case. I would say it depends on the circumstances. If you have the fence etc., it makes it less probable that you would be liable. I know there are variations from state to state regarding liability for people trespassing and then injuring themselves on your property...some states will hold you liable, others won't...but as I said, it depends on the circumstances because as far as I know, there is no state that would impose strict liability for swimming pool owners...I think there is strict liability, e.g., for owners of wild animals, etc....damn, it's been 7 years since I had to deal with such cases. But I am sure you could find something about it on the web... Disclaimer: Although I am a lawyer, this is just from the top of my head and my gut feeling and no legal advice you should rely on...
I'm not sure that the disclaimer on the ticket means anything...as long as you don't read it. I distinctly recall my B-Law prof telling us never to read disclaimers on tickets (e.g. when you park your car in a garage). If there is no expectation that there is some type of contract on the ticket and you don't read it, it won't be valid. I never read anything other than seat numbers on my tickets.
Here are a couple of links that show typical glass configurations. Remember that the boards are at least 40" high. http://www.sk8stuffmore.com/sync00/pics/mvc353s.jpg http://www.sperience.net/Post-Office/hockey.shtml Here are a couple of video clips talking about the issue, including some talk on the legal aspects. This incident is getting a lot of press here. http://www.cbc.ca/clips/ram-newsworld/jones_harrington020320.ram http://www.cbc.ca/clips/ram-newsworld/wilson_therien-hildebrand020320.ram
