BarDownGinos 3 Report post Posted May 9, 2012 : Way is a 6-foot-4-inch, 225-pound senior and Hannon is a 5 foot-9-inch, 145-pound junior."If you feel your kid is too undersized to be playing contact sports, take him out of them. I wonder if his parents flip out when he gets hit playing lacrosse as well? I've seen just as many violent hits in HS lacrosse as hockey.Size differential happens at every level of hockey. I started 7th grade at 5'0, 100 lbs, by the time I started 8th grade I was 6'1, 150lbs. You can't punsih people for genetics. Share this post Link to post Share on other sites
gxc999 7 Report post Posted May 10, 2012 It's nearly moronic to attempt criminal charges on this. It would be covered by the Assumption Of The Risk Doctrine, almost certainly. To break that, something that has essentially no relation to the game or play must occur, as Wrangler said before, stepping on someone's throat with a skate would qualify.It's another case of someone who gets pissed because they didn't get an apology filing suit. Angry rich people do it all the time and that's what really clogs courts. Share this post Link to post Share on other sites
wrangler 157 Report post Posted May 10, 2012 Assumption of the risk is a defense to negligence, a civil action. It can't excuse a crime.As previously stated, I believe the question in these situations is whether the contact is within the scope of the consent given, for civil actions. I don't attempt to discuss the extent of that scope; we can argue it forever. I merely point out that it has limits.For criminal matters, the relevant penal statutes and the case law thereunder will determine the relevance of any consent, to the issue of whether a crime has been committed. Share this post Link to post Share on other sites
gxc999 7 Report post Posted May 13, 2012 Assumption of the risk is a defense to negligence, a civil action. It can't excuse a crime.As previously stated, I believe the question in these situations is whether the contact is within the scope of the consent given, for civil actions. I don't attempt to discuss the extent of that scope; we can argue it forever. I merely point out that it has limits.For criminal matters, the relevant penal statutes and the case law thereunder will determine the relevance of any consent, to the issue of whether a crime has been committed.I must've been falling asleep, poor term usage on my part. The idea should be properly called consent, which is nearly the same thing as assumption of the risk in this case. If anyone wishes to know more, see here, http://sixthformlaw....ce_consent.htm Is it sad the kid got hurt? Yes. Was it a little late or a use of poor judgment? Yes, but if you allow this to be considered criminal, then it's a scary future for sports.There have been many cases far more egregious that have been dismissed as well. It is what it is; hockey's a dangerous game, we all know that. You generally have to seek justice from the governing body of the sport itself. If you don't want to get hurt, don't play competitively. Share this post Link to post Share on other sites
wrangler 157 Report post Posted May 13, 2012 My opinions relate only to law in the U.S., where the subject incident occurred. Your link does not appear to reference U.S. law.I would not take two legal "terms of art" and call them "nearly the same thing". Even if I could consider the concepts analogous, it's the details that make these terms what they are. Often such distinctions seem to matter only to lawyers, though they are the bases on which court decisions and verdicts often rest. Share this post Link to post Share on other sites
gxc999 7 Report post Posted May 14, 2012 My opinions relate only to law in the U.S., where the subject incident occurred. Your link does not appear to reference U.S. law.I would not take two legal "terms of art" and call them "nearly the same thing". Even if I could consider the concepts analogous, it's the details that make these terms what they are. Often such distinctions seem to matter only to lawyers, though they are the bases on which court decisions and verdicts often rest.Please keep in mind that I was not explaining the issue for your benefit. You and I both know that we both passed the Bar, and that the underlying principles of AOTR and Consent are strongly similar even though they operate in different arenas. There's no point for us to argue the minutiae on a hockey forum. If there's a separate legal forum, let me know and we can pick it up there Share this post Link to post Share on other sites
