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Is The Manufacturer At Fault?

from CBC,

A major hockey gear manufacturer and a national safety standards agency are being sued by a Victoria, B.C., family whose son suffered a severe brain injury during a midget hockey game.

Sucha and Cindy More allege the Bauer Nike helmet their son Darren, then 17, was wearing should have protected him against his injury and are seeking $10 million in damages to help care for him.

Darren was hip-checked and flew into the boards during a game in nearby Esquimalt in 2004. He struck the back of his head and fell into a six-week coma.

The Mores’s lawyer, James Macaulay, says six years later Darren still suffers from physical and emotional disabilities and needs 24-hour supervision.


Filed in: Hockey Related Stories, Hockey Equipment, | KK Hockey | Permalink



Earlier this year I was playing wearing skates, gloves, and a helmet when I lost my balance and fell with initial impact solely on the back of my head, then my right elbow. I stood up feeling fine, and my elbow hurt the next day, but my head was fine, I wasn’t ‘shaken up,’ and I had no headaches of any sort afterward. My helmet is a Bauer I bought eight years ago, it has black padding inside (‘better’ than the 4500), and it also has extra cushions strategically placed. At the time it was billed as “concussion-proof” (of course that’s not true/possible).

I have hit my head into very solid objects a lot of times throughout my life though, and I’ve never had lingering (more than a day) symptoms from those incidents.

I also take responsibilty for myself in life.

Posted by Nathan from BC on 04/23/10 at 04:46 PM ET

PaulinMiamiBeach's avatar

I know it’s the lawyers that do this crap, and not the parents…but come on - they’re suing the AMBULANCE COMPANY?!

The province of British Columbia, the B.C. Ambulance Service and the Emergency and Health Services Commission are also named in the lawsuit.

Posted by PaulinMiamiBeach on 04/23/10 at 05:50 PM ET


Why aren’t they suing themselves for signing the kid up for a contact sport?

Posted by Mmm... bacon on 04/23/10 at 05:58 PM ET

PaulinMiamiBeach's avatar

Why aren’t they suing themselves for signing the kid up for a contact sport?

or for choosing that helmet.  or the other kid for the hip check.  or the arena.  or the zamboni driver.

all equally absurd as suing the amublance company.  or the government, for that matter.

Posted by PaulinMiamiBeach on 04/23/10 at 06:04 PM ET

Primis's avatar

And people wonder why kids take no responsibility for themselves today.

It’s because their parents don’t either.

Posted by Primis on 04/23/10 at 06:30 PM ET

J.J. from Kansas's avatar

I would say that the lesson that should come out of this is that more parents and their children should be taught that safety gear is intended to minimize risk as best it can, not to eliminate it.

The family has a claim that the standard for helmets is set too low by the agency that sets the standards (and that the manufacturer is complicit as a member organization of this agency).  My response to that is that the family is also complicit in having accepted the standards the agency set when they purchased the helmet and let their son play while wearing it.  I know you should be able to just blindly trust that a member agency which sets standards for its own equipment would have them at a level which you approve, but the law doesn’t see it that way.  I know it seems like a big headache to have to check on the reliability of every set of pads or helmet or car safety seat, but ultimately, that responsibility is yours and you know you’re assuming a risk when you fail to gather the information.

What happened to this family is a horrible tragedy and I don’t wish this to happen to anybody.  I hope that this lawsuit does convince more parents to do their homework when it comes to these things and to make sure that the safety gear their children have on is worn properly.  I also hope that it gets consumer groups to do their legwork on helping to make sure that these member organizations maintain the highest standards they can or are as transparent as necessary in the areas where the standards may not live up to everybody’s expectations.

The bottom line is that when you buy into the system, you are complicit in its workings.  If you don’t like how much work it will take for you to learn what those workings are, then your other option is to refuse to buy into the system.

Hockey is a dangerous sport.

Posted by J.J. from Kansas on 04/23/10 at 07:40 PM ET


nathan, i’m glad you take responsibility for your own life, but your post was bad

Posted by LovelyMe from asdfl;kj on 04/25/10 at 05:40 PM ET

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Paul Kukla founded Kukla’s Korner in 2005 and the site has since become the must-read site on the ‘net for all the latest happenings around the NHL.

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