Personal injury lawsuits.... Thoughts??

trapper

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So during last spring, I was watching my wifes soccer game. She plays div 3 or Div 4, I can't remember which division she's in, but it's pretty low. From the start of the game, the ref refused to call any fouls whatsoever. So needless to say, the game got quite fiesty. There was one girl on the opposing team who was definitley taking liberties, as she knew she would get away with it. She was quite a bit larger than eveybody else, as well. Well, finally someone got her good. Once again, no call on what I thought was a easy yellow card, possible even a red. This girl looked pi$$ed when she picked herself up of the ground. The ball ended up getting passed back to our goalie who cleared it first time with her feet. This girl decided to run right through the goalie very late. The goalie ended up getting quite hurt. She has surgery scheduled in January to repair cartiledge damage, a meniscus tear, and a completely torn ACL. Her MCL was also completely torn and this girl has been told that it is unrepairable. So she will never be playing again and this injury is going to affect her for the rest of her life.

I was one of only a couple of people to have seen what happened, as it happened behind the play. It was that late of a tackle. Everyone was looking the other way following the ball and there was only a couple of fans watching. I have been approached to give a statement to her lawyer. She has told me she is suing this person because of this injury.

What are your thoughts on personal injury lawsuits from injuries that happened during a soccer game?
 

Gurps

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Man, that sucks.

My personal thoughts.

If it is a 50 50 tackle, or even sightly late it happens. It sucks, but it happens and it would be tough to win the case.

However, when the line is crossed when you go in to intentionally hurt a person, that is assault, on or off the field.

Proving it would be very difficult, but with witnesses that helps as they can validate the intent and lateness of the challenge, and show the judge is what not part of normal play.

A judge is going to look at intent. Was there intent to play the ball. Was this in the normal course of play. If it was outside the normal course of play, then she would have a case,

Look at the Todd Bertuzzi case, great example. Hockey injuries, fights etc happen all the time. When it is outside of what is considered fair in a game, then it become a lawsuit.

Just my thoughts. The way you describe, she would have a case.

Just make sure that the lawyer doesn't call in any of the crappy refs as expert witnesses!(i.e Herb, Father John etc).
 

cascadesoccer

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If a person is going to go out of there way to injure someone whether it is on the street or the field or any place, then I absolutely believe it is fair game to charge them. Obviously if its just a minor knock on the pitch then perhaps that should be left alone. However when it is going to effect someone for the rest of their lives, that person should definitely held accountable. The referee should also be reported with the player to the league where they're disciplined to the maximum punishment. We all have to work and go home to families and that should not be put at risk over a referee's incompetence and a players disregard for another players well being.
 
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akslop

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TBH i dont think it will get that far though.

Police reports??

what is the purpose of suing? Has it affected her personal career? Is she out for payback to ruin the other broads life?

Sounds like she already won getting her surgery done so quickly!
 

Gurps

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Also if I am not mistaken the judge would apply the reasonable person test here.

"The decision whether an accused is guilty of a given offense might involve the application of an objective test in which the conduct of the accused is compared to that of a reasonable person under similar circumstances."

Thus, was what she did on the field reasonable given what normal occurs during a soccer game. The way you describe it, the way that girl acted was out of what reasonably would be expected out of a person playing a soccer game.
 

striker14

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So during last spring, I was watching my wifes soccer game. She plays div 3 or Div 4, I can't remember which division she's in, but it's pretty low. From the start of the game, the ref refused to call any fouls whatsoever. So needless to say, the game got quite fiesty. There was one girl on the opposing team who was definitley taking liberties, as she knew she would get away with it. She was quite a bit larger than eveybody else, as well. Well, finally someone got her good. Once again, no call on what I thought was a easy yellow card, possible even a red. This girl looked pi$$ed when she picked herself up of the ground. The ball ended up getting passed back to our goalie who cleared it first time with her feet. This girl decided to run right through the goalie very late. The goalie ended up getting quite hurt. She has surgery scheduled in January to repair cartiledge damage, a meniscus tear, and a completely torn ACL. Her MCL was also completely torn and this girl has been told that it is unrepairable. So she will never be playing again and this injury is going to affect her for the rest of her life.

I was one of only a couple of people to have seen what happened, as it happened behind the play. It was that late of a tackle. Everyone was looking the other way following the ball and there was only a couple of fans watching. I have been approached to give a statement to her lawyer. She has told me she is suing this person because of this injury.

What are your thoughts on personal injury lawsuits from injuries that happened during a soccer game?
what was the Referee's call after this happened?
 

trapper

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To me, this tackle was very late and looked like an attempt to injure. But it's tough to tell intent. I don't know what her state of mind was at that instant. She also didn't go after the girl that fouled her initially, she went after the goalie. I'm hesitant to get involved in this, as I don't know if it's right to sue somebody because you got hurt. I can see pressing charges if someone starts punching someone on the field (Hi Larsson:D), but for a tackle that was pretty late. I don't know.
 
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trapper

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what was the Referee's call after this happened?

There was no call, from what I remember, as it happened behind the pay. Nobody was looking. My wifes team ended up walking off the field and not finishing the game. There were some words said between the 2 teams as well.

I thought mens masters soccer was fiesty. This game was crazy. The ref ended up running over to the side of the school and watching this all unfold. He was probably the worst ref I had ever seen.
 

akslop

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To me, this tackle was very late and looked like an attempt to injure. But it's tough to tell intent. I don't know what her state of mind was at that instant. She also didn't go after the girl that fouled her initially, she went after the goalie. I'm hesitant to get involved in this, as I don't know if it's right to sue somebody because becasue you got hurt. I can see pressing charges if someone starts punching someone on the field (Hi Larsson:D), but for a tackle that was pretty late. I don't know.
Do u have a choice to get involved now? U can be named as a witness with out your consent and by posting out in a public form u may want to watch what u say?

MTKB aren't u a lawyer?
 

RL RCD

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I believe that one guy who regularly posts here is a lawyer and he will probably be able to tell you if something can be done through the legal system. I doubt that but, again, he will be able to give you a good advice.

Also, since the injury happened during the soccer game (and all players are insured through BCSA) all costs and medical expenses should be covered through BCSA insurance. That would be logical and very important if the injured person does not have any other insurance.
 

trapper

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She has a statement from me already, as I agreed to do that for her on the weekend, but I told her I would be unwilling to be involved if it went to trial. She would have to subpoena me to get me involved in a trial.

Also, what I put on here is exactly what my statement to he says. Including my reluctance to help her sue this girl. So I'm not too concerned about that.
 

akslop

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She has a statement from me already, as I agreed to do that for her on the weekend, but I told her I would be unwilling to be involved if it went to trial. She would have to subpoena me to get me involved in a trial.

Also, what I put on here is exactly what my statement to he says. Including my reluctance to help her sue this girl. So I'm not too concerned about that.


I think thats a good choice but this girl sounds like she's out for blood and i dont think a written statement to the judge is as strong as a personal statement. i dont think a subpoena is that far fetched..

Did she tell u what she is suing for?

If medical bills are paid from insurance than all thats really left would be Lost wages , Lost future earnings and quaility of life?
 

trapper

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Also, since the injury happened during the soccer game (and all players are insured through BCSA) all costs and medical expenses should be covered through BCSA insurance. That would be logical and very important if the injured person does not have any other insurance.
I don't think she's trying to get medical expenses back. She is now going to have issues with the knee for the rest of her life. I'm not familiar with the lawsuit, other than giving a statement of what I saw that day, but she's probably going after some sort of damages, as I think this is affecting her job. Not too sure what she's trying to accomplish by suing. She says she never wants to see this type of thing happen in recreational soccer again. But again, is one person suing another going to stop this type of thing? I highly doubt it.
 

sid

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Trapper,I believe she signs a waiver that can not have people suing the league etc, city ,school board etc
It was propably herb who refed the game

Good luck
 

trapper

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Don't think the waiver says you can't sue another individual. Just that you can't sue the association for any injuries.

It wasn't herb, sid. This guy was worse. I was shaking my head all game wondering if he would actually call fouls. He called little piddly stuff, but let the real bad stuff go. That's why the game got out of hand. There was ladies flying around all over the place. Quite the hack fest out there. Kind of like a PoCo bohemians game, except my wifes team was winning.
 

STD

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There was ladies flying around all over the place. Quite the hack fest out there. Kind of like a PoCo bohemians game,
Trapper I have often said watching the Bohemians play was like watching a div. 4 womans game with a whole lot of fugly.
 
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