When it rains it pours!

[BigJoe]

The craziest thing happened to me in the same game that I posted Help! We tossed the head coach of the home team three minutes into the game. In the third or fourth quarter, I don't remember which, one of the home team players went to the floor while trying to get a rebound. The player stayed on the floor for a few seconds and it appeared to me as T that he was looking for a foul call. The V player got the ball turned to pivot and go up for a shot. When he pivoted, he stepped on the player on the floor in the lower regions. I stopped play and gave him a "little breather" and it appeared that he would be able to continue playing. Well he had to come out of the game after all. A few minutes later he was back in the game and finished the game.
Now here is the fun part. We didn't give this another thought until we got a call from the police chief this morning. He wanted to question me about the "assault" that happened in the game last night. I said, "what assault?" He said one of the parents was claiming that her son was "stomped on, and now has a damaged testicle." She was filing charges. I said that I didn't believe that there was any "stomping", but to call my partner who was the L and was closer to the play. He told what happened that it was indeed an accident. We then decided to file a report with the state high school league on the injury.
Has anyone else had a similar incident and did we do everything we need to do to cover our butts?

[Mark T. DeNucci, Sr.]

Sending a report to your StateHSAA office was a good start. Also, if you have liability insurance, make a report of the incident and send it to your insurance company so they have a copy on file in case the player's parents decide to sue you. It is better to do this now than wait until you are sued two years from now.

[Dan_ref]

Originally posted by Mark T. DeNucci, Sr.
Sending a report to your StateHSAA office was a good start. Also, if you have liability insurance, make a report of the incident and send it to your insurance company so they have a copy on file in case the player's parents decide to sue you. It is better to do this now than wait until you are sued two years from now.

This is by far the best advice you're going to get. Sadly, you need to prepare to get sued. Speak to your insurance carrier. Speak to a lawyer, regardless of whether you are insured or not. You made your statements in writing so probably best to just keep your mouth shut at this point.

[rainmaker]

Originally posted by Dan_ref

This is by far the best advice you're going to get. Sadly, you need to prepare to get sued. Speak to your insurance carrier. Speak to a lawyer, regardless of whether you are insured or not. You made your statements in writing so probably best to just keep your mouth shut at this point.

I expect it would be smart to include your partner's statement with yours when you send it to the insurance person. Also, you might ask around a little and see if you can find some video. This will definitely be more productive now than, as Mark says, two years from now. Think back to the moment. Were there any parents or photographers standing around that might have seen what happened? It might be smart to just notify them that they could be involved in the future and get any statement they might be willing to make.

[BigJoe]

The visiting team has a tape and their lawyers advised against giving anyone a copy until the matter is resolved. If we are ever named in a lawsuit, I don't think we will have any problem getting a copy. I still can't believe this is happeining.

[ref18]

I took law a law course in my high school this semester, and a case study came up where a hockey player was checked rather hardly into the boards. He charged the player who checked him with assault. At the trial, the defendent used the defence of consent. Because the victim had consented to playing hockey, and there's always a risk involved, the i think the case was dismissed.

The same would apply to a situation like this. An argument could be brought up that every time a foul occurs someone could be charged.

Basically, this case will probably go nowhere. I wouldn't worry too much about it.

[Adam]

ref18, you're probably right. However, it only takes one...

[ChuckElias]

Originally posted by ref18
An argument could be brought up that every time a foul occurs someone could be charged.

The argument could be brought, but that doesn't mean it's a good argument. There is a qualitative difference between an unintentional slap on the arm and intentionally stomping on a kid's nads, don't you think? It would be laughable to charge a kid for a handcheck foul. I don't think it would be quite as unreasonable in the case mentioned at the top of this thread. JMO.

[ref18]

From what i've read, it was an unintentional act.

Correct me if i'm wrong.

[ChuckElias]

This particular incident was an accident, I agree. My only point was that not every foul is a chargeable offense, as your "argument" tried to assert.

[Dewey1]

Big Joe

I would suggest that if you and your partner are going to write up incident reports that you get together and write just one and both of you sign it. We had a situation with a coach a couple of years ago and both refs wrote reports seperatly and the coaches lawyers picked every difference of wording between them apart. Both reports said the same thing just used different words but it gave the lawyers something it pick at. Just a thought.

[BigJoe]

Dewey,
That's what we did. Submitted one report to the state with both of our names and signatures on it. It has been a week and haven't heard anything more about the incident. Tomorrow I go to the town where the opposing team is and I can get an update from the A.D. I'll try to let everyone know what becomes of this.