Originally posted by Teppan-YakiI'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.
Of course we're speculating, but one does not have to suffer serious injuries as a prerequisite to commencing an action for damages. Further, paying for the medical bills of an individual you have injured does not absolve you of liability for the injury. Like it or not, we do live in a litigous society and any time a high profile (at least to us wrestling geeks) accident occurs, the spectre of litigation is raised.
With respect to your second point, Teppan, that malicious intent would have to be proved, I have to disagree. If the fan were to bring an action in battery you'd be right, but it seems far more likely that the action would be in negligence. If that is indeed the case, then the fact that it was an accident is irrelevant. Under the common law, people have an obligation not to act in a manner which poses a danger to others around them. If they breach that obligation and in so doing cause injury to another they can be held liable for the full quantum of damages, regardless of intent.
I hope, though, that the fan was not badly injured and that Vince did take her backstage and give her the royal treatment and, as Minextoo suggested, the matter is dropped.
"It takes a whole lotta whiskey to make these nightmares go away" -- Tom Waits, Blue Valentine
The medics that are on hand for every event. They were there standing by for a ring mishap or something, and then this happened, so he logically took her to the idle medics.
She probably got a ton of autographs and whatnot while she was back there, but Vince wanted medical attention for her.
I could cover his ass too. If it was just a bump, they could testify on Vinces behalf. If she was concused, he then would cut a check for her.
It would be a good PR move of him to do it, as it was his fault...
"Grabbin your butt? That's not very lady-like." "I'm not a lady." "Oh. Whatever."
Forget about malicious intent and that sort of thing. For an individual to bring a lawsuit of merit against another individual (or company), they generally only have to prove that:
1) They received a discernable injury b/c of someone else's conduct;
2) They were owed a certain level of care that was not realized.
Both 1 and 2 are evident if (as this appears to be) a fan went to a wrestling show performed by professionals and one of the participants hurls a cane into the audience, injuring a spectator.
One another note: If McMahon did indeed have this fan backstage and checked out by his doctors, you can be assured that these doctors took meticulous notes. If the injured fan were to later claim in court that the cane broke her nose and caused permanent blurred vision, McMahon would want to have a medical record available that offers evidence to the contrary.
If the fan has any experience in litigation (and wished to pursue that path), she would've declined medical treatment from paid WWE employees and elected to be treated by doctors that SHE chooses.
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I dunno why, but I think it would be pretty cool ... have Rey and Edge retain the belts at SummerSlam, Benoit and Angle implode and begin feuding, and Los Guerreros keep pursuing the belts.