By Cynthia Troy
On May 24, 2011, the Vancouver Canucks defeated the San Jose Sharks in the second overtime period of Game 5 of their Western Conference Final playoff series. Just as overtime was ending, “air cannons located near the roof of the Arena projected confetti over the hockey rink and the spectator stands.” However, during the celebrations, “a barrel fell out of an air cannon and struck Davis Baynton, a 15-year old fan, on the head, causing him to sustain injuries, loss and damages.” Baynton’s parents filed a lawsuit against the Vancouver Canucks and eight other named defendants, including Hollynorth Production Supplies, the maker and supplier of the air cannon, its accessories and components.
According to the Baynton’s complaint, the incident was caused by the negligence and/or breach of statutory duty of the Arena defendants and the defendant Hollynorth Production, their employees, servants and/or agents. The negligence claims cite everything from failing to take any reasonable care to ensure plaintiff’s safety in the Arena to disregarding or unreasonably disregarding a foreseeable risk of injury to the plaintiff. The lawsuit, filed in British Columbia Supreme Court, alleges plaintiff injuries ranging from traumatic brain injury to injuries to the jaw, mouth and neck, as well as insomnia, cognitive issues and memory and concentration issues. The plaintiff here has plead relief based on the Negligence Act, RSBC 1996, Occupiers Liability Act, RSBC 1996, and the Health Care Costs Recovery Act, SBC 2008, seeking general and special damages, as well as past and future costs of health care services.
The 15-year-old’s parents, however, are not the only ones suing the Vancouver Canucks. Hollynorth Production has filed a cross claim that the team be responsible and liable for any damages if the family is victorious in their claim against them. Hollynorth Production alleges the Canucks “altered the air cannon, its components and its accessories, by modifying it or moving it, following the proper installation of the air cannon at the premises.” None of those allegations have been supported in the courtroom.
While NHL teams have not been explicitly advised about the incident and the risks involved with air cannons, several teams have discontinued use since the accident — including the Canada-based Oilers, Jets and Canadians, who claim to have never used them in the first place. This unfortunate accident has left Baynton with “permanent physical disability” and a probable change in the way NHL teams and these arenas assess potential risks and dangers of accessories on their premises.
Troy in a 2L at University of Texas School of Law and Symposium Editor of the Texas Review of Entertainment and Sports Law
