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Old Thu Feb 08, 2007, 12:14am
Texas Aggie Texas Aggie is offline
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Quote:
The refs. award could be reduced by comparative or contributory negligence. That is to say that if the jury determined that the ref was negligent by his own action (ie failing to control the sideline throughout the game) then his recovery could be reduced or eliminated.
I agree with just about everything said in the post except (in just a small way) with the quoted text here. I don't agree that the official's actions here could really constitute comparative (I think contributory as a bar is out with the dinosaurs, but correct me if wrong) negligence since the official doesn't owe a duty to the FAN to keep the sideline clear. Maybe to the players (although I disagree with that somewhat) or coaches, but not to anyone who shouldn't be there. Equate that with the premises liability actions of a trespasser.

All this is just theory. I'm not suggesting one not be diligent in his or her sideline responsibilities. But keep in mind that negligence is based first on a legal duty owed to one by the other. Some states are a bit more liberal in defining legal duties, either by statute or case law, while others like Texas are a bit more conservative. I've had national clients that lost cases in other states that would be thrown out before trial in Texas.
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