A Surrey, B.C., man who claims he suffered serious brain injuries after part of a confetti cannon hit him on the head at a Vancouver Canucks game is now suing the team.
The incident happened at the end of a Canucks’ game five series win over the San Jose Sharks in March 2011.
A statement of claim filed in BC Supreme Court says that Davis Baynton was struck by a barrel that fell out of a roof-mounted air cannon.
Baynton, then 15 years old, suffered a traumatic brain injury, post-traumatic amnesia and other cognitive issues after the incident, according to the case. He claims he is now permanently disabled, and his neck, mouth and jaw were also hurt.
“[The injuries] will continue to cause him suffering, loss of enjoyment of life, permanent physical disability, loss of earning capacity, past and future, and loss of housekeeping activity,” the document claims.
The lawsuit alleges the canon wasn't properly installed, which led to the accident.
In a statement sent to CTV News, Canucks Chief Operating Officer Victor de Bonis said the air cannons were removed immediately following the incident.
“Our immediate concern was for Davis's health and well-being, which remain the most important considerations today,” it reads.
“The safety and security of our guests is always the highest priority for our organization. We sincerely wish Davis and his family well.”
The lawsuit names several companies, including the Canucks, the Aquilini Investment Group and Hollynorth Productions, the company that supplied the cannons.
The Canucks organization and Aquilini Investments filed a statement of defense which says if this incident happened at all then either the confetti canon supplier was negligent or the fan and his family was negligent for failing to keep a “proper lookout” and prevent risk of harm.
Supplier Hollynorth denies any defect or deficiency in their product, and says the fan himself or his caregivers were negligent.
It says if the suit is successful, the team should be found negligent. Hollynorth accuses arena staff or either moving or altering the cannons after they were installed.
The suit brought forth by Baynton’s family doesn't include a specific dollar amount, only that they are seeking damages for medical care -- including past and future costs.
The allegations have not been proven in court.
With a report from CTV Vancouver’s Nafeesa Karim