How much is an injury worth?

It sounds rather crass – but that question is often what our courts wrestle with when one party is legally liable for injury to another.

Questions considered: What degree of medical and attendant care will be required?  What lifestyle changes will this injury necessitate?  How will those closest to the injured party be affected?

And here’s the tough one, particularly when a severe injury occurs to a child or younger person: What decline in future earning potential will result from the injury?

A recent decision by the Supreme Court of B.C. grappled precisely with this issue involving a young man who once had a promising hockey career as a goaltender.

The plaintiff (known only in court records as DKB) showed athletic promise as a child, playing in leagues for older boys from the time he was 10.  He was sexually assaulted by a coach in his early teen years, and left home at age 14 to attend Notre Dame College in Saskatchewan, a school known for its hockey program.

DKB was ultimately drafted by the Toronto Maple Leafs and was told they intended to offer him a contract; but his career became derailed due to behavioural incidents, conflict with other players and coaches, a reputation for heavy drinking, and – not surprisingly – a declining level of play.  Although he played professionally in the minor leagues, he was never offered a contract with the Leafs.

DKB successfully sued the province of B.C. demonstrating that years before, a probation officer had failed to inform his hockey association of the risk attached to the coach responsible for the sexual abuse.  DKB argued the incidents from his early teen years negatively impacted his development as a hockey player, and provided the causal link in him failing to reach his potential as an NHL goaltender.

The parties agreed on general damages; but the issue of future loss of earnings was seen as highly subjective.  Was the abuse the sole probable cause of him failing to play the game at the highest – and most lucrative – level?  Or was he simply another Canadian kid among thousands, who was blessed with above-average ability, but hit his peak before realizing his dream?

The B.C. Supreme Court’s decision: in addition to other amounts, DKB was awarded over $450,000 for loss of that first professional contract, and of other past and future income.

Only the courts can weigh the evidence and reach a decision on quantum.  But this example again illustrates that such decisions carry a level of unpredictability.  To have peace of mind,  high limits on any liability policy are required for the prudent – and well-protected – insured.

~for more detail on D.K.B. v. British Columbia, 2011 BCSC 418 see Elliott Special Risks News Board:

http://www.elliottsr.com/whatsnew-detail.cfm?id=673

Tags: abuse, children, hockey injury, injury, Liability, risk, risk management, safety