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Personal injury lawsuits.... Thoughts??

STD

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Play what ?orgy at disease dicks hoose

Sid

Oh I don't know sid lately she's been defending her goal better than you guy.... but then again even a Hasting street hooker doesn't average six past her every night.
 

Reds-16

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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.

Seems to me for a guy that doesn't want to get involved, your getting aweful involved???!!!
 

trapper

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Seems to me for a guy that doesn't want to get involved, your getting aweful involved???!!!

Unfortunately we sometimes have to do what our wife asks us to do for our own good. It's her friend, she wants me to help. I pick and choose my battles and I feel like this is one I'll let her win, sort of. I have told her friend that I do not agree with what she is doing, but I will reluctantly give her a statement because she is my wifes friend. I have also told her I will not voluntarily go to court for her. If she wants me to come to a trial, I will need to have a subpoena delivered to me.
 

shaven

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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.

My personal opinion, I have to agree with Gurps here. None of us will argue that if the event occurred anywhere close to the way relayed, it was a rash and late tackle that the Laws of the Game specifically reference are not to be tolerated and disciplined severely.

That said, in the context of the game tackles/situations such as this happen every match day, week after week in all local competitive leagues regardless of gender. Within the context of the game, these tackles happen and sometimes result in one or more serious, career and/or life-altering injuries. It shouldn't happen, but we all know that in a contact sport it can and will. The LofG legislate punishment after-the-fact, however in the moment the irrational emotion gets the better of some.

Every player (should) know that when she or her steps on the pitch, there is a possibility that this situation or one similar may happen to them or another; we all accept that risk. It happened to me at 17, where I was a little unlucky and also a little naive and a subsequent knee injury shut my playing days down in my mid-30's. I didn't then, nor at any time since, consider suing the player that contributed to my injury as I accepted that I took the risk. If I didn't accept that risk, I should have taken up tennis.

At the amateur level, I don't believe a case would get very far at all for this reason. Relevant context of the game, it can and does happen. 50/50 challenge, albeit rash and ill-advised, is viewed as part of the game that is punished in specific ways if called correctly. To me, the biggest issue with the situation we're discussing is the lack of action by the referee at the time and also afterwards to ensure that appropriate action was taken to at the least investigate.

My .02.

~ shaven
 

Sir M

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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 have seen this before, and it did not get close to court (the case I am talking about was worse than the unfortunate event than the one described above) and because there is insurance (hopefully) from BC Soccer, they have insurance companies who have lawyers and this gets sorted out by insurance companies throwing a bit of money around for damages etc.

JAGS may know more...
 

sid

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jags i ruptured my achillies in a match thought i got kicked ,,,,,,,maybe i did

help........................................................................................................


sod
 

freddy

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This is a sticky one.

What does the league's insurance cover? Maybe she is going after the wrong party (not that she should be going after anyone at all). She should have got up, and kicked that big fat biatch in the fish hole.
 

sid

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This is a sticky one.

What does the league's insurance cover? Maybe she is going after the wrong party (not that she should be going after anyone at all). She should have got up, and kicked that big fat biatch in the fish hole.
Nothing like a fat Cnut kicking a fat Cnut in the cnut

Sid
 

The Franchise

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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.

Just I would touch on that statement and how very inaccurate that is....
 

Captain Shamrock

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Something doesn't seem right here........you said, Trapper, that no one saw the incident as it was behind the play.....but you also said that the tub who ran her over did so right after your keeper cleared the ball. Surely if this was the situation, everyone on the field would have seen it.....unless the ball was cleared, the aforementioned player had a McChicken, then went in and attacked the goalie late when the ball was down the other end of the field. If I'm picturing this correctly, there would have been a lot of people who witnessed this. Did Orca have any sort of remorse for her actions? It is a shame for your goalie though. :( My daughter is a goalie and I'm not sure I would have dealt with that very well if I was at the game.
 

sid

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Again she should of kicked the fat Cnut in tha fat Cnut ...simple solution

Sid
 

trapper

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CS, the tackle was very late. Well after the ball was cleared up to around center. Probably a good 3 to 4 seconds after it was cleared, she was taken out. From what she was telling me, there are not many witnesses as everybody has told her they didn't see it because they were turned the other way watching the ball. They all turned around after they heard her scream in pain. Maybe they just don't want to help her, so they told her they didn't see anything. I don't know. I'm just going by what I've been told by her.
 

sid

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CS, the tackle was very late. Well after the ball was cleared up to around center. Probably a good 3 to 4 seconds after it was cleared, she was taken out. From what she was telling me, there are not many witnesses as everybody has told her they didn't see it because they were turned the other way watching the ball. They all turned around after they heard her scream in pain. Maybe they just don't want to help her, so they told her they didn't see anything. I don't know. I'm just going by what I've been told by her.
ask langley masters team players what to do as they seem to do a lot of this shite behind the play
just saying

sid
 

mtkb

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some of you are mixing up the criminal and civil systems.

from a criminal perspective, someone would have to make a complaint to the police, the police would have to send a report to Crown, Crown would have to approve charges, and then they would subpoena witnesses if there was trial for what would be assault causing bodily harm... however, it doesnt sound like this incident is going that way.

quite apart from and sometimes in addition to the criminal process is the civil process. no police involved here. as long as you have the money to file the statement of claim, and you set out the basis for the claim, you can sue someone. witnesses can be subpoenad if you can satisfy a justice of the peace that the person to be subpoenad has relevant evidence to give.

although how the two arms of the legal system get there differently, the test is essentially the same. what's reasonably expected, and therefore consented to, in the sport in question. if a tackle is a bit late, even reckless by soccer standards, its probably a nothing in either system (IMHO) because you accept going onto the field of play that these things do happen. so, even if akslop comes in studs up and ****s my acl, its probably a nothing legally.

the situation described goes far beyond that, a la McSorely or Bertuzzi. in that situation, its not reasonable to expect that type of physical contact and/or injury. so, absolutely the injured girl has an actionable case. I dont practice in the area, so I have no idea what quantum she'd be looking at, but its enough to justify hiring a lawyer that practices in the area, thats for sure...
 

trapper

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Thanks for your thoughts mtkb.

I see why she's filing a lawsuit, just not sure I agree with it. But my opinion would probably change if it were I that were in this situation and it was my knee that was never going to work right. I'd be pi$$ed and frustrated and probably going for blood. Which I think is what she's doing. She plays other sports as well, and can no longer play them because of this. Not to metion the impact it's had in her professional life.
 

sid

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Thanks for your thoughts mtkb.

I see why she's filing a lawsuit, just not sure I agree with it. But my opinion would probably change if it were I that were in this situation and it was my knee that was never going to work right. I'd be pi$$ed and frustrated and probably going for blood. Which I think is what she's doing. She plays other sports as well, and can no longer play them because of this. Not to metion the impact it's had in her professional life.
Trapper talk To Our crown buddy from
Last season & get his advice

Sid
 

mtkb

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no Crown is going to be in a position to give advice on a case that might come to the Crown's attention for action...
 

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