Quote:
Originally Posted by teebob21
A properly written participation waiver would be a good start. While it's not a get-out-of-liability-free card, it's a binding document for the participants and their parental units. Unfortunately, very few organizations consider this problem from the official's point of view. It's not that there's no one who could prevent it...but I hear what you are saying.
And that's all I have to say about that.
|
Quote:
Originally Posted by IRISHMAFIA
Actually, such a waiver provides zero protection from litigation
|
Let me elaborate based on what I've been advised; in some cases, same sources as IrishMafia.
The ASA roster document has long included waiver language; written, vetted, approved, by the legal counsel, the risk management teams for the insurors, brokers, and agents. However, the reality borne out of claims, actual lawsuits, judgments and settlements based on the foregoing have the following conclusions:
1) Waivers signed by adults for themselves (playing on an adult team) can generally successfully stand muster. The small areas where they might not are mostly limited to gross negligence (not only was the defendant liable, but knowingly did so with total disregard of the potential results; kind of like proving "intentional") or where the document may be unclear (always broadly construed against the author where/when unclear in any specific instance).
2) Waivers signed by adults as guardians for minors most generally can stop that adult from successfully pursuing legal action as the guardian. Same general exceptions as #1.
3) Waivers signed by adults as guardians for minors most generally DO NOT preclude the minor from pursuing legal remedies, either thru a guardian ad litem, or once they reach the legal age. It is an overriding legal principle that parents and guardians cannot waive the legal rights of the minor, even while signing as the legally responsible party.
4) This is America; anyone can sue anyone, even where there are no legal principles in support. And there will be costs and expenses to defend against even the most frivolous cases. In my opinion, anyone that officiates any sport at any level is foolish to not have insurance that includes legal defense costs; I am a strong supporter of NASO membership if for no other reason than that alone. Yes, your USA, USSSA, state high school association, etc. registration will cover you in many/most instances, BUT, there is nothing similar for collegiate and many other situations (yes, I know the USA supplemental covers a lot of that gap, but, not
all, and not everyone has access to that.
Depending on your USA local association's set fees, many/most of us can get NASO (including Referee magazine) for almost the same as USA registration plus the supplemental. And NASO covers every sanction of every sport .....
Just sayin'.