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What level of baseball was this contest? The league may have indemnifiers in place. If they employ the umpires directly, rather than as independent contractors, the league may be culpable. Are your umpires required to inspect field conditions prior to contest start? Were any unsafe conditions reported to them or the site manager prior? Those two answers will carry weight in any settlement. Does your rule book carry a provision that mandates field inspection before all games? Mine doesn't. If this was a game played after several others and no one reported unsafe playing conditions, it looks like your guys will jump through some hoops but wind up being dropped from the case ultimately. It's easy to sue, but much harder to collect damages due to negligence. This topic has come up from time to time here and I cannot recall an umpire being found guilty of negligence for actions like yours are accused of doing.
Last edited by MikeStrybel; Fri Sep 16, 2011 at 06:22am. |
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Absolutely. A good attorney will be able to nip this in the bud for the umpires. If they have liability insurance, they should start with a call to the insurer, who is responsible for defending them against such suits.
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Cheers, mb |
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The case may have merit against the field owners themselves. What ruleset were you using ... some organizations pay for lawsuit insurance for just this kind of nonsense. Also - check the league bylaws. Both of the places I work have players sign waivers early on that specifically excludes umpires, field crew, managers, and players from liability.
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I was thinking of the immortal words of Socrates, who said, 'I drank what?'” West Houston Mike |
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Also ask her if insurance policies cover events that happened while they were in force even if you no longer have the policy. It seems to me that insurers could avoid a lot of costs if they just cancelled your policy after the accident but before the suits get fioled.
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Rich Ives Different does not equate to wrong |
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You might also want to check your state association's insurance plan as well. They may have a similar plan that would cover these situations even if the game is not at the HS level. And that policy might be through the NF as well. Either way there should be some help that those groups can give for these situations.
Peace
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Let us get into "Good Trouble." ----------------------------------------------------------- Charles Michael “Mick” Chambers (1947-2010) |
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