Kinesiology 4459A/B Lecture Notes - Lecture 8: Contributory Negligence, Canlii, The Injury
Document Summary
In pregame warmup, defendant shot puck which hit post and plaintiff in head (not wearing helmet. ) In a game, not negligent to shoot if a player is in front of goal. Duty to take care not to harm one"s neighbour is suspended to that extent. From court standard of care urged by mr. mcdougall is too high to be imposed on defendant under these circumstances. I am of opinion a player like the plaintiff must be deemed to accept and assume risk of injury during warm-up. It may be wrongful for one player to deliberately shoot at another in warmup, not negligent in this case. Appellant argued that higher risk perceived or ought to be perceived by the prudent player about to take a practice shot automatically elevates the level of the duty of care. Judge: respondent perceived the higher risk due to his delayed shot when he noticed the appellant behind the goal.