i need to post this disclaimer. None of the infomation in this gratuitous post creates an attorney client relationship. It is not considered specific legal advice and is for general information only.
I see you live in the Salt Lake area where I officiate. I cannot legally comment on Utah law as I am not licensed to practice in Utah. But as a fellow Utah official I would not ever allow this in my game.
I am a licensed attorney in California. Under a negligence theory you can be sued when you have a duty of reasonable care and that somehow the duty is breached, and that because of the breach of duty there were damages caused by that breach. The rule book provides a pretty good description of what an official's duty is. The official's duty would be based on a "rasonable referee" standard...that of a reasonable official based on training and experience. In many jursidictions there is a "gross negligence" standard... other jurisdictions still use the standard negligence standard... AS an attorney I would argue that allowing a hard metal brace is a gross deviation of the standard of care in a gross negligence state. In a standard negligence, it is easy to argue that in a close quartered contact sport like basketball that it is a common sense decision to not allow this.
There are too many people that can get hurt here. I have has casts, hard braces, finger braces, and covered earings. I have had this happen twice in the spring. The kids just dont play in my game... In a standard game since I am a contractor game administration does not have control. If a game administrator tried to over rule me, i would walk off the flooras I am not subjecting myself to a lawsuit over a $20 rec game...
I wonder what makes you think you were an employee? Did they do all the hiring paperwork? did they deduct FICA? did they pay workers's comp? ...if you were truly an employee maybe there is business liability but i am not going to find out....
As I have told a couple of sets of parents. No way No how Not on this planet
Last edited by Kelvin green; Sun Jul 14, 2013 at 11:05pm.
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