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
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.
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.
Originally posted by wordlifeWhoever 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
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...
Originally posted by magicdocIf 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.
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?
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.
Originally posted by LionJeetSinghI 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.
Originally posted by LionJeetSinghI 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
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"?
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.
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.
Originally posted by canuckloverWhen 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.
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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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It might be profitable for now, yes, but it's totally watering down a Divas division that for a little while actually had some decent talent and wasn't just a bathroom break.