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10-21-2010, 01:15 PM
Grave Before Shave
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Originally Posted by Cartsiephan View Post
As someone stated before, he would have a better case against the arena for not providing the proper barrier over Rypien for battery charges, especially if you find out the kid said something to provoke the action.

It is the threatened violence over actual violence(for example a guy says I am going to kick your rearend and then does it), but a judge who knows that the incident was provoked by an action of the individual or let's just say Rypien "feared for his safety" or felt threatened by the kids actions this things gets trhown out in a nanosecond. Bottom line is the kid is a wus if he contemplates charges, he got exactly what he wanted, a reaction from the opposing player.
Well yeah there would potentially be case against the arena for some kind of products liability, being that you have certain expectations of going to a hockey and not being roughed up by a player, but I'm not sure if there has to be an actual injury those cases, whereas for battery all you have to show is that the harmful or offensive contact took place. No judge or jury is going to buy the defense that Rypien feared for his safety. But I doubt the kid would get anything substantial as far as money goes if this went to trial and he won.

The kid is definitely a wuss though.

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