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19.10.18 0335
The W - Pro Wrestling - Vince McMahon injures fan? (Page 2)
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wordlife
Head cheese








Since: 4.4.03

Since last post: 4818 days
Last activity: 4102 days
#21 Posted on
Whoever said that those waivers on the back of those tickets mean crap is correct.....its just a way that the companies make people think that they do not have the right to sue....i cant remember the exact term but a purchaser in the ordinary course of business (ie this girl) has the right to sue if the product that she goes to damages her, i mean its not like she went to trust me, if the girl wanted to sue, she could, but all they would do is prolly settle out of court for some amount
magicdoc
Bauerwurst








Since: 26.8.02
From: Bossier City Louisiana

Since last post: 4090 days
Last activity: 4090 days
ICQ:  
#22 Posted on

    Originally posted by BrewGuy

    I think he should be commended for taking the time to make sure she was OK - sure, maybe it was in his best interests to do so, but to just assume that he did it to save his ass is a bit unfair, I think. Vince may be a harsh businessman at times, but I don't think he's an all-out asshole.



If you have any doubts about just how big an asshole Vince is, I direct your attention to his performance on HBO Real Sports last night. What a dick.




AND HE WILL KILL YOURS AS WELL!
The Goon
Banger
Moderator








Since: 2.1.02
From: Calgary, Alberta, Canada

Since last post: 38 days
Last activity: 38 days
#23 Posted on
I was exaggerating a bit about taking a smoking cane across the face, but it's upsetting that most people's first thought is "lawsuit." Everyone carries the victim mentality and wants to get a piece of the action. It's obviously an accident, and a person of normal intelligence would be able to accept that as well as accept Vince's apology.

But who knows-maybe she's fine and we're all making a mountain out of a molehill.

canucklover
Pickled pork








Since: 16.7.02
From: Vancouver, BC

Since last post: 4914 days
Last activity: 4532 days
#24 Posted on

    Originally posted by wordlife
    Whoever said that those waivers on the back of those tickets mean crap is correct.....its just a way that the companies make people think that they do not have the right to sue....i cant remember the exact term but a purchaser in the ordinary course of business (ie this girl) has the right to sue if the product that she goes to damages her, i mean its not like she went to trust me, if the girl wanted to sue, she could, but all they would do is prolly settle out of court for some amount


When reviewing waivers such as the one at hand, a court will look at the lack of equality in bargaining power of the parties. In this case, the patrons can either buy the ticket as is (with the attached waiver) or not buy it. In other words, they have no bargaining power to remove the term from the contract. This will lessen the effectiveness of the waiver as that term of the contract of purchase and sale has not been agreed upon as between the parties. Further, it is unlikely that the waiver as a contractual term was brought to the attention of the purchaser. In Canadian law there is a long line of cases which holds that pre-printed/standard form contracts containing such waivers muct be explicitly brought to the attention of the purchaser or they are useless.

In any event, I think that there is no doubt that this matter, should it proceed to litigation, will be quickly and quietly settled. The WWE does not need the bad publicity, legal costs in suchactions can be astronomical, and Vince has no arguable defence that I can see. Simply saying "it was an accident" does not constitute a defence to an action in negligence.



"It takes a whole lotta whiskey to make these nightmares go away" -- Tom Waits, Blue Valentine
CajunMan
Boudin blanc
No longer registered








Since: 2.1.02
From: Give me a Title shot!

Since last post: 2556 days
Last activity: 1693 days
#25 Posted on | Instant Rating: 0.00
I don't see it as a big deal, That happened all the time in ECW. At least Vince was nice enough to invite them backstage.
LionJeetSingh
Chourico








Since: 3.3.03

Since last post: 4762 days
Last activity: 4589 days
#26 Posted on
I remember once in ECW, Tajiri was slide chairs across a table pretty fast trying to hit Super Crazy...

He ducked one of them and went all the way into the 4th row and hit someone right in the face, the fan didn't seem to mind looked pretty happy...



Vut Joo Talkin?
HairRaiser
Kishke








Since: 13.1.03
From: S. Attleboro, MA

Since last post: 4067 days
Last activity: 3402 days
#27 Posted on
I saw one ECW TV show with Sandman brawling with someone and when he reared back his arm for a punch, he elbowed a woman in the face and she just collapsed. She was near a support column and I think the back of her head might have cracked that too. Nasty stuff...
CRZ
Big Brother
Administrator








Since: 9.12.01
From: ミネアポリス

Since last post: 8 hours
Last activity: 5 hours
ICQ:  
#28 Posted on | Instant Rating: 8.65

    Originally posted by magicdoc
    If you have any doubts about just how big an asshole Vince is, I direct your attention to his performance on HBO Real Sports last night. What a dick.
Emphasis on "performance."



©CRZ™
DJ FrostyFreeze
Scrapple








Since: 2.1.02
From: Hawthorne, CA

Since last post: 278 days
Last activity: 15 days
#29 Posted on | Instant Rating: 4.95
It was bound to happen sooner or later

So Vince is in the ring, swinging Zach's cane around, it flies out of the ring and hits some girl in the face. Then he runs out of the ring to check on the girl, and they all leave to the back? So when the girl got hit, the whole show just stopped?

I wonder how that'll play itself on TV.



You heard me, fella
Take a picture, write it down.
oldschoolhero
Knackwurst








Since: 2.1.02
From: nWo Country

Since last post: 3444 days
Last activity: 3378 days
#30 Posted on
Well, the logical answer is "it won't". They'll just cut the cane-swingin' totally and switch to the next match, I'd imagine.



Hail To The King, Baby

DJ FrostyFreeze
Scrapple








Since: 2.1.02
From: Hawthorne, CA

Since last post: 278 days
Last activity: 15 days
#31 Posted on | Instant Rating: 4.95
It was bound to happen sooner or later

Well yeah, except I'd assume that the cane-swinging occured right in the middle of a segment. I doubt they'd the segment run half-way through then just suddenly cut to a new match.

I guess they could just cut the whole segement all together and put something else in it's place. I'm just curious to see what they decide to do.



You heard me, fella
Take a picture, write it down.
spf
Scrapple








Since: 2.1.02
From: The Las Vegas of Canada

Since last post: 1082 days
Last activity: 502 days
#32 Posted on
It sounds like it was at the very end of the segment after Zack had left the ring and everything had played itself out from the reports I've read.



and maybe I should open up my sensitive side/but really, the sensitive side sucks./I've been there./You can only imagine the kinds of sweaters they make you wear.
Mr Shh
Lap cheong








Since: 9.1.02
From: Monmouth County, NJ

Since last post: 135 days
Last activity: 135 days
#33 Posted on
Allegedly, the incident happened after Zach and Steph left the ring and (presumably) at a commercial break.
redsoxnation
Scrapple








Since: 24.7.02

Since last post: 1936 days
Last activity: 1936 days
#34 Posted on

    Originally posted by LionJeetSingh
    I remember once in ECW, Tajiri was slide chairs across a table pretty fast trying to hit Super Crazy...

    He ducked one of them and went all the way into the 4th row and hit someone right in the face, the fan didn't seem to mind looked pretty happy...







Heyman and ECW could get away with doing that for one very key reason: If the person sued, what the hell were they going to get? One of Paul's bouncing checks?



Where have you gone Gene Rayburn, a nation turns it lonely eyes to you.
canucklover
Pickled pork








Since: 16.7.02
From: Vancouver, BC

Since last post: 4914 days
Last activity: 4532 days
#35 Posted on

    Originally posted by redsoxnation

      Originally posted by LionJeetSingh
      I remember once in ECW, Tajiri was slide chairs across a table pretty fast trying to hit Super Crazy...

      He ducked one of them and went all the way into the 4th row and hit someone right in the face, the fan didn't seem to mind looked pretty happy...







    Heyman and ECW could get away with doing that for one very key reason: If the person sued, what the hell were they going to get? One of Paul's bouncing checks?



Insurance money is usually the target in suits such as these, not the money of the party actually involved. The WWE must have insurance, as one major accident involving a fan could nearly bankrupt the company. It would also likely be a breach of the Board's fiduciary obligations to the shareholders if it did not have a commercial general liability policy.



"It takes a whole lotta whiskey to make these nightmares go away" -- Tom Waits, Blue Valentine
cactuspete
Blutwurst








Since: 22.9.02
From: Parts Unknown

Since last post: 5589 days
Last activity: 5588 days
#36 Posted on
oh man, am I the only one that sees a cheesy angle in the works at Titan Tower? one that involves VKM groping "injured woman" backstage? and a PPV tag match between VKM-Sable vs. Gowan-"injured woman"?




rv581
Goetta








Since: 2.12.02

Since last post: 2939 days
Last activity: 2110 days
#37 Posted on
Canucklover is on the right path. There are waivers on all sorts of tickets. The next time you get a ticket from a garage to park your car, look on its back. It'll have all sorts of liability notices on it. But whether or not they are enforceable is another matter. You can WRITE whatever you want on anything, but since you can't read the stupid contract on the ticket until after you buy it, their enforceability isn't ruled as strictly as a contract agreed upon prior to the exchange of money. And besides, you CANNOT legally enter into a contract that absolves you of negligence. For example, if a doctor had a patient sign a contract that absolves the hospital of negligence during an operation, that contract is prima facia invalid.

The courts will look at reasonable expectations to decide this case-- if it ever goes to court. Is there a reasonable expectation that one might get hit in the face with a hockey puck at a hockey game? Yes. Is there a reasonable expectation that one might get hit in the face with a foul ball at a baseball game? Yes. Is there a reasonable expectation that one might get whacked in the face with a cane by a billionare at a professional wrestling event? I'd say that's less likely.

The person who got hit in the face certainly has standing to sue. Whether or not he or she has a case will rest on the issue of reasonable expectations.



"Who ate my sandwich???"
Teppan-Yaki
Pepperoni








Since: 28.6.02

Since last post: 2394 days
Last activity: 2364 days
#38 Posted on
I'm asking all of you -- PLEASE -- do we even know the extent of the injuries? No. We're could be talking about anywhere from a "scare" injury to a punctured spleen. I know we're haters of the WWE and its wonderful booking, but trying to smooth it over with the grand tour is fine. IT WAS A MISTAKE.

I think what would have to be proved in the lawsuit (which either WWE would win or would be settled) is malicious intent. It was an accident, and if he apologized, that would be fine. I would bet the girl would be a VIP for the next event, and life moves on.

Now -- if she had an injury that needed hospitalization, and if the WWE went out of their way to help pay bills, then who's the bad guy there? I'm not going to judge them on what was a bad-timing accident. That's all it was.

Well, that, and shitty booking, but that's a different thread.





Tribal Prophet
Andouille








Since: 9.1.02
From: Winnipeg, MB, Canada

Since last post: 949 days
Last activity: 209 days
#39 Posted on

    Originally posted by canucklover
    When reviewing waivers such as the one at hand, a court will look at the lack of equality in bargaining power of the parties. In this case, the patrons can either buy the ticket as is (with the attached waiver) or not buy it. In other words, they have no bargaining power to remove the term from the contract. This will lessen the effectiveness of the waiver as that term of the contract of purchase and sale has not been agreed upon as between the parties. Further, it is unlikely that the waiver as a contractual term was brought to the attention of the purchaser. In Canadian law there is a long line of cases which holds that pre-printed/standard form contracts containing such waivers muct be explicitly brought to the attention of the purchaser or they are useless.



Holy Christ, were you trying to make it easier to understand? I think I understood the 4th and 5th words, and the rest is all "Warrior-Speak" to me.


Tribal Prophet



Wrestling exists in the eternal present. What is, has always been, and when it no longer is, it never was. It has no past and no future, and sometimes even today is in question. - Madame Manga

Click Here (welovetheiraqiinformationminister.com)
minextoo
Chorizo








Since: 28.5.02
From: Bloomington, IN

Since last post: 5243 days
Last activity: 5008 days
#40 Posted on | Instant Rating: 4.45
I would be interested in finding out just exactly what happened to her backstage?

If this happened to me and I was treated pretty well backstage I would probably let the whole thing just drop.

I am not one who will try to get rich by suing unless something dramatic happened.

As long as Vince apologized, I would have marked this down as luck if I got to meet my favorite wrestlers and hang with them backstage. Moreso if Vince offered future VIP treatment when they came back to town -- and I would hope that he did.
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