Did the victim instigate the assault with his own? Did his teammates hear the individual call him a name or instigate the actions? Goodness gracious, no wonder society is such a disgrace, no accountability. As far as battery, he grabbed the kids shirt. If he pulled the kid down off the stands and pummelled him, ok, but for this I hope the kid left the arena with ***** in his pants.
All you have to do to be liable for battery basically is touch someone. Battery occurs when one acts intending to cause harmful or offensive contact and the contact occurs. Rypien reached up and grabbed the kid. That makes it battery. Not sure really how much the kid would recover if he actually does sue the guy though.
I can't imagine I would press charges either, but I guess it would depend on how the league deals with Rypien and how the team deals with me. If Rypien were to get a slap on the wrist (although I think it'll be significantly more than that), I might be inclined to make it a bigger deal.
Regardless of what was said by the fan, the fact is that a pro athlete initiated physical contact with a fan. That should never happen, and it's an ******* move by the player.
If this fan had heckled him across a restaurant when the player was out with his family, I think it would be looked at very differently. As a pro athlete, he needs to smarten up.
Unless I was actually injured, there'd be no way I'd sue him. Yeah, Rypien 100% should not have done it and should be suspended a few games but come on. This is HOCKEY. So a guy grabbed your shirt? Big deal. I would 100% love to be heckling Sidney Crosby and have him come up and grab my shirt and and get in my face. That would be an epic accomplishment to know that my heckling caused a pro athlete to lose it and try to beat up some scrawny fan who was probably drunk.
Now if he broke my nose or something and I had to pay the medical bills which I can't afford, that is a different story.
So essentially, you would pass up the opportunity to make let's say, 500k because you want to look like a tough guy. Is that correct?
I love how not suing makes me out as if I want to look like a tough guy.
It's not like I'd have gotten a black eye. What it essentially comes down to is another dude grabbing my shirt. That's it. He didn't even insult my mother or anything. Yes, I'd pass up the chance at 500k for it. I never had that money to begin with, I'm not going to be missing it.
All you have to do to be liable for battery basically is touch someone. Battery occurs when one acts intending to cause harmful or offensive contact and the contact occurs. Rypien reached up and grabbed the kid. That makes it battery. Not sure really how much the kid would recover if he actually does sue the guy though.
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.
Are there any instances of people cashing in on "similar" incidents (and I put similar in quotes because this was nothing compared to the Bruins video posted or Tie Domi's fun time)?
This guy, especially with his media tour, I would think isn't in line for much of a settlement. I could easily see a judge dismissing and/or holding court costs over the guy if he seeks a 6- or 7-figure amount. Any lawyer he retains has got to be warning him of this.
Just look at the video. Malhotra, Bieksa and a trainer react quickly and directly toward the fan, and their reaction isn't just trying to save Rypien from greater punishment. This schmuck can say to the media he didn't say anything bad, but it looks like a handful of players will disagree with his side of the story. And they will have video to back up their unified stance.
Rypien isn't innocent in this, but there isn't any jackpot coming to this slug.
As for the barrier, it was fine. If the guy hadn't provoked Rypien, nothing would have happened.
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.
Are there any instances of people cashing in on "similar" incidents (and I put similar in quotes because this was nothing compared to the Bruins video posted or Tie Domi's fun time)?
This guy, especially with his media tour, I would think isn't in line for much of a settlement. I could easily see a judge dismissing and/or holding court costs over the guy if he seeks a 6- or 7-figure amount. Any lawyer he retains has got to be warning him of this.
Just look at the video. Malhotra, Bieksa and a trainer react quickly and directly toward the fan, and their reaction isn't just trying to save Rypien from greater punishment. This schmuck can say to the media he didn't say anything bad, but it looks like a handful of players will disagree with his side of the story. And they will have video to back up their unified stance.
Rypien isn't innocent in this, but there isn't any jackpot coming to this slug. As for the barrier, it was fine. If the guy hadn't provoked Rypien, nothing would have happened.
Craig MacTavish and Pierre Mcguire both stated last night that the opposition tunnel and barriers are insufficient, given their own experiences in the arena. They inferred that the organization is aware of the problem.
I don't agree with this guy going after a settlement, but it would have been prevented if there was no access to the players from the seats.
Be assured there will be a more preventative barrier there for the next Wild home game.
Craig MacTavish and Pierre Mcguire both stated last night that the opposition tunnel and barriers are insufficient, given their own experiences in the arena. They inferred that the organization is aware of the problem.
I don't agree with this guy going after a settlement, but it would have been prevented if there was no access to the players from the seats.
Be assured there will be a more preventative barrier there for the next Wild home game.
I love how not suing makes me out as if I want to look like a tough guy.
It's not like I'd have gotten a black eye. What it essentially comes down to is another dude grabbing my shirt. That's it. He didn't even insult my mother or anything. Yes, I'd pass up the chance at 500k for it. I never had that money to begin with, I'm not going to be missing it.
Just was being sure you weren't. Personally I would milk this for all it was worth and gladly take the notion that I'm a pansy. I'd be a rich pansy
Are there any instances of people cashing in on "similar" incidents (and I put similar in quotes because this was nothing compared to the Bruins video posted or Tie Domi's fun time)?
This guy, especially with his media tour, I would think isn't in line for much of a settlement. I could easily see a judge dismissing and/or holding court costs over the guy if he seeks a 6- or 7-figure amount. Any lawyer he retains has got to be warning him of this.
Just look at the video. Malhotra, Bieksa and a trainer react quickly and directly toward the fan, and their reaction isn't just trying to save Rypien from greater punishment. This schmuck can say to the media he didn't say anything bad, but it looks like a handful of players will disagree with his side of the story. And they will have video to back up their unified stance.
Rypien isn't innocent in this, but there isn't any jackpot coming to this slug.
As for the barrier, it was fine. If the guy hadn't provoked Rypien, nothing would have happened.
What the fan 'said' to provoke Rypien is totally irrelevent. You can't assault someone because he told you he did something nasty to your mom involving a goat, sorry. Especially when you are a 'professional' athlete, which is questionable in this case.
The fan owes it to his team, the Wild, to cause as much trouble and inconvenience to the enemy, and get as much cash for himself, as possible.
Now, if you want to see some players beating up on fans, look for this incident from the good old days.
1976 - Philadelphia Flyers players Joe Watson, Mel Bridgman, Don Saleski and Bob "Hound" Kelly were charged with assault after using their hockey sticks as weapons in a violent playoff game between the Flyers and the Toronto Maple Leafs in which fans had been taunting the Flyers players and spitting at them. Bridgman was acquitted, but the other three Flyers were found guilty of simple assault.
It was frightening hockey - "crazy" is how Sittler described it the other day - and it hit a zenith for ugliness during a playoff series with the Leafs in 1976, the middle of three straight spring meetings between the clubs. And the Leafs fought off the Philly flu and braced themselves for what was coming.
"You pretty well knew there'd be a bench-clearing donnybrook every night. The over/under was five minutes in," recalls former Leafs defenceman Jim McKenny. "The trick was to get out there early and grab a county clubber like MacLeish or Barber. You didn't want any part of The Hammer. If you slipped going over the boards, you were screwed. You might as well stay down and pretend you were injured. It was fairly crude in those days."
It was indeed bloody and brutal. The Flyers ultimately won the series in seven but they'd later have to defend themselves in court.
Don Saleski faced two charges of common assault and one offensive weapons charge (a hockey stick) when he waved he stick at fans - Saleski said they spat on him - near the penalty box at Maple Leaf Gardens. Police moved in to restrain Saleski and that brought a stampede of players from the Flyers' bench.
As players milled around, a stick was swung over the glass, hitting one of the constables on the shoulder. Joe Watson, among his charges, faced two counts of assaulting a police officer and a weapons offence.
Mel Bridgman was charged with assault causing bodily hard for beating up Salming.
In a later game, Kelly would be charged with assault for throwing one of his gloves into the crowd and hitting an usherette in the face. They eventually pleaded guilty to reduced charges and received fines.
"You just can't do those things no more," Schultz says now of the fight-filled series. "There were brawls. It was wild. But you can't tell me the Toronto Maple Leafs' fans didn't enjoy it."
"Some guys were totally out of it. They didn't try to play hockey. They tried to kill you. When we went into Philadelphia, it was just like going on to a big battlefield." - Former Leafs winger Inge Hammarstrom.
The fan owes it to his team, the Wild, to cause as much trouble and inconvenience to the enemy, and get as much cash for himself, as possible.
He deserves nothing more than some tickets and an apology from the Canucks organization. This oaf getting money for being grabbed highlights everything that is wrong with the tort system and our "sue everyone" attitude. No harm, no foul.
The schlub should feel honored he insulted a player enough to have Rypien come after him
What the fan 'said' to provoke Rypien is totally irrelevent. You can't assault someone because he told you he did something nasty to your mom involving a goat, sorry. Especially when you are a 'professional' athlete, which is questionable in this case.
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rypien could sue the league and the arena for not providing him with adequate protection from the fans "verbal assault" saying he was in a vulnerable emotional state having just been in a physical altercation on the ice. also countersue said fan for any damages (suspensions etc) if his statement was considered adequate to the "fighting words" standard. no ones done it since this case but if a judge considers a shirt tug to be assault he may also buy into this bs.
as for what id do. id cry whine and threaten to sue untill they let me serve my 5 minutes for fighting in the penalty box. i wouldnt even make em give rypien the instigator. i was in a physical altercation with a hockey player during a hockey game and that means i get 5 minutes in the box dammit
rypien could sue the league and the arena for not providing him with adequate protection from the fans "verbal assault" saying he was in a vulnerable emotional state having just been in a physical altercation on the ice. also countersue said fan for any damages (suspensions etc) if his statement was considered adequate to the "fighting words" standard. no ones done it since this case but if a judge considers a shirt tug to be assault he may also buy into this bs.
as for what id do. id cry whine and threaten to sue untill they let me serve my 5 minutes for fighting in the penalty box. i wouldnt even make em give rypien the instigator. i was in a physical altercation with a hockey player during a hockey game and that means i get 5 minutes in the box dammit
That case is a First Amendment case which would not apply here.
It is completely irrelevant what the guy said. Words alone cannot justify a battery. If the kid lunged at him and said "I'm gonna kill you!" or something like that, ok then he can hit. But if the kid just said "I'm gonna kill you!" it is not a justification to hit him.
