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Corona Waivers?
Anyone else being asked to sign these? Basically stating that we won't sue the association/conference/assigner if we get the virus.
I'd love to know how a referee would prove that (s)he contracted the virus at a game as opposed to a grocery store, restaurant, etc. At the same time, aren't these waivers as worthless as the paper they're printed on if there was a legitimate grievance? |
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Quote:
Peace
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Let us get into "Good Trouble." ----------------------------------------------------------- Charles Michael “Mick” Chambers (1947-2010) |
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SC, your second question first: if an official were to file a lawsuit, the waiver would be interposed as a defense; whether the defense would prevail would be for a jury to determine.
Your first question goes to the matter of proof, the quantum and weight of evidence offered by the official/plaintiff to show where and how he/she contracted the virus. This, again, is for a jury to decide. Moreover, even if a waiver is deemed valid, the official/plaintiff could argue that the defendant(s) (schools, conferences, assigners, in descending order of potential liability, in my judgment) were grossly negligent, thereby liable despite the waiver. Waivers are not to be signed or ignored lightly. I will not officiate any school that requires a waiver. |
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I haven't been asked by individual schools (yet) to sign something. |
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Waivers operate as an additional defense in a lawsuit: a plaintiff must prove causation by a preponderance of the evidence (the burden of proof), but with a waiver, a plaintiff would also have to overcome the assertion of assumption of the risk. Without an executed waiver, defendants have one less defense. Why would I voluntarily concede that benefit to schools?
As a lawyer, I am not interested in giving potential defendants a shield against liability. More hypothetically (please note the conjecture here), schools might be motivated to "hide" behind waivers instead of fully complying with best practices to avoid the spread of the virus. |
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If you were of the mind to sue someone because you think they gave you the Rona, you shouldn't be signing the waiver anyways. It's kinda a dirtbag move in my opinion to sign something with no intent to honor it. Especially knowing full well there's. Kthing anyone can do to stop you from getting the Rona, the flu or any other sickness. If you're worried about getting sick, stay home.
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To answer the question, some would concede the benefit in order to work at the school. Not to be snide or argue, but officials concede things all the time in order to work at schools, many of which are considered inherent risks.
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