TRV301 Case Study: Analysis of R v Tropea (2005) and Risk Assessment

This case study analyzes the legal case of R v Tropea (2005), involving an assault during a women's hockey game. The assignment begins with a summary of the case facts, the issues at hand (including whether the assault was too grievous for a discharge and if there was a double standard with NHL players), and the court's decision to convict Tropea of assault causing bodily harm. The study then delves into risk assessment, identifying hazards such as high-speed ice skating and inadequate staff. It describes potential injuries (concussions, cuts, broken bones) and evaluates the severity and frequency of such losses, highlighting the high-risk nature of ice skating. The assignment proposes recommendations to reduce risks, including proper equipment, warm-up routines, and adequate instruction. It outlines the responsibilities of instructors, players, and management, including notification procedures in case of incidents. The final sections describe intermediate actions, such as risk monitoring, urgency assessments, and reassessments, followed by the development of a risk response plan, annual risk reviews, and player education, to mitigate potential future occurrences. The assignment includes a detailed work cited section with relevant sources.

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Student’s Name
Professor’s Name
Subject: Case Analysis and Risk Assessment
DD Month YYYY
CASE ANALYSIS
R v Tropea (2005)
Facts
Julia Tropea of Niagra Falls Rapids cross-checked opponent Carly Bernard of London
Devillettes to the ice during a women’s hockey game.
Tropea then kicked Bernard forcefully in the helmet with her skate.
Bernard suffered a concussion and a dislocated jaw.
Tropea was convicted of assault causing bodily harm and sentenced to a two-year probation.
Issues
Whether Tropea’s offence was too grievous to receive a discharge from the Crown.
Whether there was a double standard arising from the criminal charges against the NHL players.
Whether Tropea’s attack on Bernard’s head was intentional.
Court’s Decision
The judge convicted Tropea for assault causing bodily harm and passed a judgment of probation
for two years. The court did not ask for jail time.
No discharge granted even after a request by Tropea’s defence lawyer.
Reasoning
Tropea’s offence was outrageously too serious to receive a discharge, unlike the NHL players’
case where Todd Bertuzzi and Marty McSorley were granted discharges.

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Name of Evaluator: _____________________________________________________________
Date of Evaluation: _____________________________________________________________
Identification (5 marks)
1. Describe hazard
A hazard is an obstacle or a feature that could cause risk or danger generally. High speed ice-
skating is a hazard as players would probably collide or hit other players. Slippage due to wet
floors whilst wearing skates may be a risk and also due to melted ice on the surface. Also,
inadequate staff or instructors during an activity on the ice is a hazard as it exposes players to
injuries. Moreover, inexperienced players on ice could pose a risk as they are more likely to
be injured due to their less knowledge about ice-skating. Insufficient briefing of team
members in a hockey game is also a hazard as it may lead to injuries. Theft of personal items
among the players is also a hazard.
2. Describe the type of injury or property loss that could/did occur
In an ice-skating course, players are likely to get cuts from the use of their skate-blades by
carrying them carelessly, when changing into them or when one falls on the ice. A back
stumble can cause the head to strike on the ice producing a concussion. (Miller and Stewart
23). They could also get hit by the skates of their opponents on any part of the body leading
to cuts, broken bones, abrasions and unconsciousness. For example in the case study of R v
Tropea, Tropea hit Carly Bernard, her opponent on the head using her skate blade causing a
concussion and a dislocated jaw. Other types of injuries that could arise include; knee
injuries, wrist injury, ankle dislocation, and fractures. In addition to that, skate blades and
helmets may break in the course of ice-skating leading to property loss.
Evaluation (15 marks)
1. How severe could this potential loss be?
Ice hockey is played almost everywhere where there’s ice during winter (Jones 1180). Players
could suffer traumatic brain damage as a result of head concussions. Players could also miss their
seasons while nursing injuries including wrist and knee injuries. In some instances, lesions may
be career-ending as players who suffer severe concussions may never step foot on the ice again
due to health risks resulting from their previous injuries. The severity of this could be death.
2. How often could this loss occur?
The type of injury that occurs the most is, concussions among the N.H.L players. There has been
a gradual increase in post-concussion time loss over the years according to a study conducted in

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professional hockey (Benson, Meeuwisse, Rizos, Kang and Burkes). It is estimated that on
average 50.9% of players miss at least one game to injury over each of those three seasons.
According to the New York Times, N.H.L teams paid $653 million in salary to players sidelined
by concussions and other injuries over the recent seasons. (Klein 24) In various studies, ice
skating related fractures have been reported as high as 82.8% of all sports-related fractures
(Athar, Mirhadi and Ashwood 45). Concussion is a common sports injury with
approximately1.6-3.8million sports-related concussions reported in the US per year (Abrahams,
Mc Fie , Patricios and Posthumus, 91-97).
3. Give your evaluation of the risk – high, medium, low?
A risk is a chance, high or low that any hazard will cause somebody harm.
Evaluation of risk is concerned with issues relating to how those affected by risks perceive the
problem and the trade-off between the perceived risks and benefits. (European Environment
agency 33) Ice-skating being a hazard has a high chance of causing personal danger and health
issues; hence, a high risk. A high risk activity is one that is likely to cause failure, harm or injury.
(Merriam Webster) The probability of ice-skating producing a health hazard to players is at 99%
hence a high risk.
Treatment (15 marks)
1. What is your recommendation to reduce the risk associated with a hazard?
 It is crucial for every player to have the proper equipment before embarking on the
skating activity. They include helmets, knee pads, and good-quality skates.
 The skates should be fitting since those that do not fit well may result in stress on bones
and muscles and loss of balance which eventually lead to falls and collusions.
 Before players begin their course on the ice, it is essential that they warm up thoroughly
for about 5-10 minutes to relax and loosen their muscles. Cold muscles are more often
than not prone to tears during any activity on ice. Warming up will prevent injuries
related to ligaments, tendons and body muscles.
 Wearing thick and warm protective clothing protects players from the harsh weather on
ice.
 Adequate guidance and instructions from instructors should be provided not only before a
course on ice but also during the course to keep the players on their toes. Players, on the
other hand, should follow the instructions given.
 Players should use a controlled speed while on ice to prevent collisions and falls resulting
from running at high speeds.
Implementation (20 marks)
1. Who is responsible for the risk treatment?
Every person involved in the course is responsible for risk treatment, these include; instructors,
players and the managing team as a whole. They should all see to it that every safety tip there is,
is observed.
2. How will you notify the responsible parties? What will you say?

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Running to the manager of the team and notifying him of the risk as soon as possible in case of
any commotion or injury on one of the players and giving a detailed report on what transpired as
the players were on course.
Calling Emergency number 911 if there is a serious body injury or property damage.
What to say:
 Identify me
 General information about the injury or situation
 How many people were involved
 The location of the accident/injury
 A phone number they can use to reach me
 Any additional information that may be requested.
Filling an accident report could serve as a way of communicating to the management team on
incidents that occurred during a hockey course.
3. When will the work be completed?
The work will be completed once the management team is successfully on getting assistance
from the emergency body called to the scene of the accident/injury.
4. Intermediate actions that can be implemented before treatment
Carrying out a risk monitoring and control process can be done to identify risks. Also, the
management team may carry out a risk urgency assessment, which is a project management
process that reviews and determines the timing of actions.
A risk reassessment is also an essential intermediate action. Injury prevention strategies and tips
for each sport are very important in any recreational activity including ice skating. (Tator, 7)
5. Describe the intermediate actions
Risk monitoring and control process- Involves identifying current risks, monitoring residual risks
and identifying any new risks that may arise in the future.
Risk urgency assessment-a project management process that determines the timing of actions
that need to happen sooner than other risks. It identifies risks likely to happen soon.
Risk reassessment involves identifying new risks and reassessing current ones. The management
team should thoroughly review the risks.
Conclusion (5 marks)
1. What are the next steps or follow up action?
After carrying out the above intermediate actions, the risk management team will develop a risk
response plan to mitigate the effects of the risks.

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Risk triggers are identified in this process and preventive measures developed to counter any
future occurrence of risks.
The management team should carry out an annual risk review and have a risk register that has
records of previous risks and current risks.
In conclusion, the risk management team should make players aware of the risks and the possible
ways of treatment of such threats.

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Work Cited
Tator Charles H.,editor “Catastrophic Injuries in Sports and Recreation: Causes and prevention-
A Canadian Study, University of Toronto, 2008.JSTOR
www.jstor.org/stable/10.31389781442687561
Benson, Brian W., et al. "A prospective study of concussions among National Hockey League
players during regular season games: the NHL-NHLPA Concussion Program." Canadian
Medical Association Journal 183.8 (2011): 905-911. doi:10.1503/CMAJ.092190
Klein Jeff Z. “Citing Costs,N.H.L. Injury Study Urges More Safety” The New York Times; 20
Jan, 2014. Pp D7 of New York Edition. https://www.newyorktimes.com Accessed 11, April
2019.
Athar M Sajjad, Mirhadi Sara and Ashwood Neil, “Ice Skating Injuries: A Review of Literature
on Nature of Injuries and the Role of Preventive Strategies” Department of Orthopedics, Queen’s
Hospital, UK: 20 Sep, 2017 http://www.remedypublications.com/annals-of-trauma-and-acute-
care/articles/pdfs_folder/atac-v1-id1004.pdf Accessed 11 , April 2019.
Miller J, Stewart N; “Figure or Ice Skating Injuries” https://physioworks.com.au/Injuries-
Conditions/Activities/skating-injuries. .Accessed 11, April 2019
Merriam-webster: "Definition Of HIGH-RISK." Merriam-webster.com. https://www.merriam-
webster.com/dictionary/high-risk N. p., 2019. Web. 12 Apr. 2019.Accessed April 12, 2019
Abrahams Shameemah, Mc Fie Sarah, Jon Patricios, Posthumus Michael, “Risk factors for
sports concussion: an evidence-based systematic review” Br J Sports Med 48(2), 2014 pp.91-97
European Assessment Agency; "Chapter 8: Evaluation Of Risk And Risk Management.
" European Environment Agency. N. p., 2019. Web. 12 Apr. 2019.
https://www.eea.europa.eu/publications/GH-07-97-595-EN-C2/chapter8h.html. Accessed April
12, 2019