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Old Wed May 16, 2007, 06:34pm
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Written reports are considered legal documents. So they can and have been used for court cases.

Not sure how any of this has to do with the NBA. The NBA rarely even has a fight as compared to most sports.

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Old Wed May 16, 2007, 06:38pm
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Quote:
Originally Posted by JRutledge
Written reports are considered legal documents. So they can and have been used for court cases.

Not sure how any of this has to do with the NBA. The NBA rarely even has a fight as compared to most sports.

Peace
Because the consequences are so severe; as opposed to other sports.
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Old Wed May 16, 2007, 06:51pm
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Quote:
Originally Posted by JRutledge
Written reports are considered legal documents. So they can and have been used for court cases.
Actually this is a great point.

If you're really concerned you might get sued speak to a lawyer before saying or writing anything to anyone else.

Since this was an aau game there's no report required. If I were you I would get with my partner and write down anything and everything possible about the game and file it away just in case. Then I would talk to the tournament director and my local association to see what kind of liability insurance I actually have. Then I would forget about it.

Oh yeah, you definitely should carry some type of your own liability insurance.
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Old Wed May 16, 2007, 08:06pm
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I just received the current NFHS newsletter. In this publication there is an article about legal issues. I can not give any details because I just flipped through the pages. I was just glancing at the title of the articles. I was surprised that the new basketball rules were not listed. Oh well..... have to wait for the next issue.
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Old Wed May 16, 2007, 09:23pm
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Quote:
Written reports are considered legal documents. So they can and have been used for court cases.
Well, I wouldn't call them legal documents like I would, say, contracts or court documents, but reports ARE discoverable. The absolute best thing to do if you are worried about information coming out is to talk to a lawyer and let him write everything down. The other side for sure can't get to that based on the attorney client (and likely work product) privileges.

I highly doubt you'll get sued. Its likely they won't be able to find out who you are by the time the attorney gets around to filing this thing, if that happens at all. Even if they do know who you are, if you are uninsured, they probably won't mess with it. Your share of the negligence as it relates to the total event is so small, it wouldn't amount to much -- and that assumes you were even negligent at all, which I doubt.

Not to get into a legal discussion, especially since state law varies, but negligence, which is what you'd get sued based on, requires 4 elements: duty, breach of the duty, cause, and harm. Sometimes the last 2 elements are merged together (as they are in Texas). All elements must be proved or the case falls. I personally don't believe an official has a duty to prevent an unprovoked violent attack by one player on another, especially given that there was no forewarning or previous similar behavior. Without a duty, there's no negligence and no case.

Guys, the areas where we can get ourselves in big trouble are: playing on unplayable fields, courts, or conditions, AND attempting or preventing needed medical attention. Stay away from screwing around in those areas, and you'll probably stay lawsuit free.
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Old Thu May 17, 2007, 07:47am
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Aggie, are you an attorney? Or did you stay at a Holiday Inn Express last night?

Very well said.
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Old Thu May 17, 2007, 08:01am
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Quote:
Originally Posted by Texas Aggie
Well, I wouldn't call them legal documents like I would, say, contracts or court documents, but reports ARE discoverable. The absolute best thing to do if you are worried about information coming out is to talk to a lawyer and let him write everything down. The other side for sure can't get to that based on the attorney client (and likely work product) privileges.
The point that I was trying to make is the fact that any report that you file can and will be used in a court of law or reviewed by a court as part of the record. Calling it a "legal" document might not be the actual phrase for how a report will be used, but it has been used on many occasions when these kinds of situations go to court. Just like a document filed in a business might be used to show all kinds of background on other types of court cases.

Peace
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Old Thu May 17, 2007, 01:50pm
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AAu does have some governing authority and I think they would want to know about this at one of their tournaments. I'd like to hope this player (the hitter) would not be allowed back.

TexasAggie said; "Its likely they won't be able to find out who you are by the time the attorney gets around to filing this thing, if that happens at all"
I don't think they will have much trouble figuring that out if they want to know.
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