Fan hires lawyer after being hit by Lions player
A streaking fan who was hit by B.C. defensive back Marcell Young during the B.C. Lions’ CFL opener Saturday night has hired a law firm.
In a statement, Preszler Injury Lawyers confirm they have been retained as legal counsel for the Surrey man involved in the incident.
“Our client suffered serious injuries, including a mild traumatic brain injury, as a result of being violently struck by B.C. Lions player Marcell Young,” the statement reads.
“Our client has been released from the hospital and is now recovering at home. His future prognosis remains unclear. Contrary to some news reports, our client was never arrested or taken to jail, but was released from the stadium shortly after the incident before being taken to the hospital by his family.”
The law firm did not identify the client, but a man, Jager Myslawchuk, contacted a Postmedia reporter on Monday to say he was the fan who was hit at Saturday’s game.
“I do have some injuries,” he said.
Myslawchuk did not respond to requests for further comment.
Vancouver police confirm he was not arrested or transported to jail, but the fan was issued a $115 violation ticket for trespassing.
“He was not charged with a criminal offence and was offered an ambulance, which he declined,” VPD spokesperson Jason Robillard said in a release.
The six-foot, 190-pound Young, a first-year Lion but eight-year CFL veteran, levelled a fan with a shoulder hit after the fan — wearing only a Lions jersey and underwear — made his way onto the field during a stop in the game.
Two other Lions players congratulated Young following the hit with a chest bump and a high-five as a security guard apprehended the fan on the ground.
The fan has since been banned from B.C. Place Stadium for a year. The Lions said they have no comment on the development.
No lawsuit has been filed as of yet, but one Vancouver lawyer says the fan may have a case.
Rory Johnston, a personal injury lawyer at Warnett Hallen, says getting hit by a defensive back isn’t something that would be covered under the terms and conditions fans agree to when they buy a ticket.
“My understanding of the waiver on most tickets is that is usually geared towards negligence or accident-type occurrences. The claimant and his law firm, I believe, will be claiming that it was an intentional act on the part of the player,” he said.
Johnston likened what happened at B.C. Place to a overzealous bouncer dealing with an unruly bar patron.
“Security staff and bouncers have legal authority to use necessary force to remove persons. That can include grabbing a hold of them, pulling them towards the door and, depending on the behaviour on the person involved, can escalate to include having to headlock them or tackle them ... but based on what I see in the (B.C. Place) video, it doesn’t seem to me that it had escalated necessarily to that point,” Johnston said.
“I don’t know, based on the video, if self defence is clearly evident.”