NHL Claims Montador's Brain Injuries Were: "own lack of due care and fault"

[WildCard]

Quote

In a 26-page document filed June 28 in U.S. district court in Minneapolis, the NHL asked that Montador’s case be transferred back to Chicago, where it was initially filed. In a series of 26 stated defences, the league insists it isn’t to blame for Montador’s death.

Any legal claims related to Montador’s injury “may be barred, in whole or in part, from recovery due to his contributory and/or comparative negligence,” the NHL alleged.

“Any injury or damage sustained by [Montador] was caused, in whole or in part, by [Montador's] own lack of due care and fault, and/or by pre-existing conditions; and/or the lack of due care of others for whom the NHL has no responsibility or control,” the league wrote in its answer to the Montador family’s lawsuit.

The NHL also alleged it should not face liability from being sued for promoting violence because “such conduct is protected under the First Amendment to the United States Constitution.”

https://www.tsn.ca/nhl-claims-montador-s-brain-injuries-caused-by-his-own-lack-of-due-care-and-fault-1.1332037

Edited July 2, 2019 by WildCard

[Derrico]

This is a pretty standard response from anyone who is being sued.  Lawyer will always counter with anything that could be a contributing factor or put the blame elsewhere.  

[Sabres Fan in NS]

What a load of crap.  The NHL should be ashamed of themselves.

[Marvin]

The NHL and NFL should be looking at each other's legal Trials and Tribble-ations on the concussion issue and respond proactively whenever the next concussion issue turns up.

The NHL has a contractual agreement with the CHL that directly affects who may get an opportunity to play in the NHL.  As such, NHL precedents in how, say, Chris Pronger's and Claude Lemieux's antics are dealt with set an example for the entire Canadian Junior System and therefore all of junior hockey in North America.  IMHO, the NHL has a clear if indirect responsibility because it had treated Scott Stevens's "kill shots" to be as innocuous as James T. Kirk opening the overhead grain bin.  They should accept it and work with it.  They need to go MUCH farther than the NFL has done with Pop Warner.

[spndnchz]

??

[LTS]

1 hour ago, Let's Go B-Lo said:

USA Hockey just announced their top priority is player safety and there will an emphasis on calling penalties for illegal checks and head contact. That announcement was not met with open arms.  Frankly, I question it myself because until they come to the grass roots level and start really begin laying the hammer down on rogue teams and incompetent officials they won't get anywhere.  I can name you at least 2 rinks off the top of my head where these directives went directly into the round file.  Inconsistent enforcement just makes it worse IMO, if you are expecting to play a clean game and a team starts taking runs at you and you aren't prepared or expecting it you are more likely to get hurt.  My son and I have had discussions before certain games every single year since Squirts. I know those organizations encourage dirty play, everyone knows it, nobody does anything about it at a level that matters. If your club's teams are in the top 3 in penalty minutes of every level they play in year after year it's pretty easy to see where the problem lies.

Video, and then submit to USA Hockey and the media.  It's about the only way you have to create change these days.  It's why I record every hockey game my kid plays in.  It has nothing to do with watching video to improve and everything to do with providing evidence should it be needed.

[Marvin]

Good for all of you on how you for taking the extra time to do this for your children.  I am also glad that USAH is doing its part as well.

As an addendum, I spoke with several friends of mine who officiate various children's and beer leagues around the country.  They told me there has been and will be more extra training and such for officials this year to keep the games safe, in part over the liability issue.

[LTS]

10 hours ago, E4 ... Ke2 said:

Good for all of you on how you for taking the extra time to do this for your children.  I am also glad that USAH is doing its part as well.

As an addendum, I spoke with several friends of mine who officiate various children's and beer leagues around the country.  They told me there has been and will be more extra training and such for officials this year to keep the games safe, in part over the liability issue.

It really starts with the coaches and parents instilling safer play in their children and helping officials when they make the calls.  Most of this means that as a fan you shut up and as a coach you engage in a respectful conversation about calls.

Good luck to that!

[Eleven]

Pretty much stock affirmative defenses in any negligence case.

[darksabre]

2 minutes ago, Eleven said:

Pretty much stock affirmative defenses in any negligence case.

Yup. Nothing to see here.

[apuszczalowski]

They aren't necessarily wrong, if he decided to play recklessly leading to taking head shots, or played through concussions, or hid symptoms to keep playing, etc. he would hold some fault for his health before dying. Many players, especially fringe or lower level ones would play through injuries and not disclose symptoms to stay in the lineup and not risk losing a roster spot. Not saying that's necessarily what happened here since none of us know his medical history and what injuries he may have had