Legal Acountability

[waltjp]

Originally Posted by cbfoulds

And you know this to be true.....how?

Are you denying that there are confidentiality conditions placed on some settlements? I'm not saying that's the case, just tossing it out as a possibility.

[fitump56]

Originally Posted by GarthB

Dave Hensley, I believe it was, a few years back did an exhaustive search nationally for any case in which the final outcome included a sporting official being held liable for an injury sustained during a sporting event.

Despite all the hand-wringing, dire-warnings and old umpire's tales, he could find none.

Garthie, tell him to call me, I know of at least two and I bet I can find several more.

[PeteBooth]

[QUOTE]

Originally Posted by GarthB

Dave Hensley, I believe it was, a few years back did an exhaustive search nationally for any case in which the final outcome included a sporting official being held liable for an injury sustained during a sporting event.

Hi Garth

Off topic but speaking of Dave Hensely do you know why he has been absent from the discussion Forums?

This is a first for a few things this year meaning

1. No 2007 BRD and
2. This is the first time that Dave didn't post his infamous LL Tournament "cheat sheet"

Hope Dave is OK and it's just a matter that he is busy with family / work

Pete Booth

[GarthB]

[QUOTE=PeteBooth]

Hi Garth

Off topic but speaking of Dave Hensely do you know why he has been absent from the discussion Forums?

This is a first for a few things this year meaning

1. No 2007 BRD and
2. This is the first time that Dave didn't post his infamous LL Tournament "cheat sheet"

Hope Dave is OK and it's just a matter that he is busy with family / work

Pete Booth

The last I heard, due to work and related travel, Dave took the year off.

[Dave Hensley]

[QUOTE=PeteBooth]

Hi Garth

Off topic but speaking of Dave Hensely do you know why he has been absent from the discussion Forums?

This is a first for a few things this year meaning

1. No 2007 BRD and
2. This is the first time that Dave didn't post his infamous LL Tournament "cheat sheet"

Hope Dave is OK and it's just a matter that he is busy with family / work

Pete Booth

Hi Pete - I'm alive and kicking, just, as Garth noted, buried with work in the real world. Haven't umpired this year and although I still participate on a couple of mail lists, I've not had much time lately for the Internet boards.

I'm hoping that's not permanent, but the job still has me running full speed just to stay even.

Thanks for thinking of me.

Dave

[BigUmp56]

It's good to hear from you again on OF, Dave.


Tim.

[fitump56]

Originally Posted by SAump

I have always heard this statement when it came to 1) checking equipment prior to the game, 2) asking coaches about their players "wearing proper equipment" at the plate meeting, or 3) keeping players in the dugout or batting circle. I agree these matters and others like them are very important for everyone's "safety" and general well being.

The fear of losing money appears to provide the necessary motivation to perform menial tasks. Money surpasses safety and many other intrinsic social values. For example, should a kid get hurt, why would someone point the finger at the umpire? Do they point the finger at parents of the child, or the child responsible for the injury, or that child's coach? How can leagues or their umpires be held accountable in a court of law?

Laws come about b/c state courts uphold them. State courts crewate trial history or case law. Every state is chock full of cases where negligence has been found and umpires have been held responsible. Our org has complete coverage including legal expenses to defend us (thanks IU!). Even though it comes out of the pocket of our org owner.

[BigUmp56]

Originally Posted by fitump56

Every state is chock full of cases where negligence has been found and umpires have been held responsible.

Please provide a link to at least one of these cases where an umpire was found negligent and held responsible. You don't even have to prove the ridiculous claim that each state is "chock full" of such cases.


Tim.

[PeteBooth]

How can leagues or their umpires be held accountable in a court of law?

[/QUOTE]

Let's take a simple example: Here in NY we have a HS Lightening rule that says we have to wait 30 minutes once we see lightening (anywhere). Every time we see lightening the 30 minutes starts over.

The coach comes up to you after 15 minutes and says "Common Blue" the lightening is "way over yonder" not even close to us - let's get going I already have 2 make-up games this week alone.

You re-start the game (after waiting only 15 minutes) and GOD forbid a kid is struck by lightening and gets seriously injured.

I am not an attorney or a judge, but if the case did go to trial, you bet the attorney for the plaintiff is going to go over the Rule-book with a "fine" tooth comb and you will be "griiled" on the witness stand.

Now as to why there isn't "evidence" of many lawsuits involving officials is probably because most cases have either been settled or are still years away "on the docket" hence there is no public record. Unless you personally know of the lawsuit it's very difficult to find out exactly how many officials are involved with lawsuits.

IMO, it's Gross Negligence that can get you in trouble. Also, in the scheme of things it takes all of maybe 5 minutes to check the equipment and about 15 seconds to ask the coaches "Teams properly equipped"

Pete Booth

[Mountaineer]

Originally Posted by PeteBooth

IMO, it's Gross Negligence that can get you in trouble. Also, in the scheme of things it takes all of maybe 5 minutes to check the equipment and about 15 seconds to ask the coaches "Teams properly equipped"

I agree - it's not worth taking the risk and possibly losing my house. God forbid a child gets injured . . . but I want to do everything possible to protect my liability if the unthinkable happens.

[lawump]

Originally Posted by Mountaineer

I agree - it's not worth taking the risk and possibly losing my house. God forbid a child gets injured . . . but I want to do everything possible to protect my liability if the unthinkable happens.

Buy liability insurance from NASO or ABUA or your local association (if they offer it) or wherever.