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  #1 (permalink)  
Old Wed Dec 09, 2009, 01:47am
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Quote:
Originally Posted by Snaqwells View Post
1. I never believe the coach when they say this.
2. The coach should know better and control what his players wear. I hate that they way for us to actually enforce it.
3. I find it equally disconcerting that the officials let her cover it with tape and play.
The floor officials didn't believe the coach either.

Concerning the taping of the head, the larger hair pins & the hair clips were pulled out of the hair. THe only areas taped over was were the smaller hair pins were located. The floor officials checked the taping to make sure there was no chance of injury before she was allowed back on the floor as a player.
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Old Wed Dec 09, 2009, 07:05am
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Anyone else reminded of a 1930's newspaper headline by this thread's title?
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  #3 (permalink)  
Old Wed Dec 09, 2009, 06:30pm
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I Give Up, Which 1930's Headline ???

Quote:
Originally Posted by mbyron View Post
Anyone else reminded of a 1930's newspaper headline by this thread's title?
Your IQ must be at least double mine. And a few people consider me to be smart. Of course those are the people that others consider not to be smart. I bet Mark T. DeNucci, Sr. remembers the headline. Back then he didn't even have to wear reading glasses.
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Last edited by BillyMac; Wed Dec 09, 2009 at 06:32pm.
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Old Sat Dec 12, 2009, 07:53pm
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Hmmmm....

Watching a B13/15 Rec League boy in warmups this morning and notice he has a wire at his ear. I call him over to tell him to remove it. Coach tells me he's deaf and needs it to hear.

So, coach, me, and boy go to talk to dad. Dad demonstrates that the wire is connected to a disk that connects directly to the boys head and disconnects when barely touched and he demonstrates it....me -

I ask, can he play without it? He says yes, he just can't hear anything. Wow! I talk to the league commissioner and dad and tell them I will not be responsible for anything that happens if they decide to leave it in. They agree and it wasn't an issue at all.

He's not a "special needs" player, but this was certainly a first for me.
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  #5 (permalink)  
Old Sun Dec 13, 2009, 09:23am
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Quote:
Originally Posted by grunewar View Post
I talk to the league commissioner and dad and tell them I will not be responsible for anything that happens if they decide to leave it in. They agree and it wasn't an issue at all.
I'm glad nothing bad happened, but I hope you realize that this little disclaimer was a waste of breath and wouldn't last 10 seconds in court, had something untoward occurred.
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Old Sun Dec 13, 2009, 09:32am
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Quote:
Originally Posted by mbyron View Post
I'm glad nothing bad happened, but I hope you realize that this little disclaimer was a waste of breath and wouldn't last 10 seconds in court, had something untoward occurred.
Understand. I am sending a formal note to the league Monday.
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  #7 (permalink)  
Old Sun Dec 13, 2009, 03:01pm
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Quote:
Originally Posted by mbyron View Post
I'm glad nothing bad happened, but I hope you realize that this little disclaimer was a waste of breath and wouldn't last 10 seconds in court, had something untoward occurred.
So, what are you saying the legal implications could be? The presence of this device is a violation of the rules. The official allowed it anyway. The device then somehow causes any injury. Now the official is somehow liable. I've still never seen a law quoted on this subject. Judge Wapner (People's Court) often used the phrase "what a reasonable person would do" or something similar. Given all the information here, I do not see it as unreasonable that the device in question was allowed to stay.
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Old Sun Dec 13, 2009, 03:19pm
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Quote:
Originally Posted by just another ref View Post
So, what are you saying the legal implications could be? The presence of this device is a violation of the rules. The official allowed it anyway. The device then somehow causes any injury. Now the official is somehow liable. I've still never seen a law quoted on this subject. Judge Wapner (People's Court) often used the phrase "what a reasonable person would do" or something similar. Given all the information here, I do not see it as unreasonable that the device in question was allowed to stay.
The disclaimer/waiver having no value and the official's liability are unrelated.

And, I'm not sure the device is illegal by rule. I'd have to see this wire to determine if I believe it's actually dangerous.
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Old Sun Dec 13, 2009, 04:26pm
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Quote:
Originally Posted by just another ref View Post
So, what are you saying the legal implications could be? The presence of this device is a violation of the rules. The official allowed it anyway. The device then somehow causes any injury. Now the official is somehow liable. I've still never seen a law quoted on this subject. Judge Wapner (People's Court) often used the phrase "what a reasonable person would do" or something similar. Given all the information here, I do not see it as unreasonable that the device in question was allowed to stay.
I'm not a lawyer, but the issue is legal liability under tort law. When the plaintiff's lawyers find out that you did not enforce the rules, they'll come after you, your association, your assigner, the league, and anyone else who might have an attachable dollar. Frankly, I don't want to be in that position, whether I win or lose.

The reasonable person standard is a real standard, all right, but reasonable and customary practice in this instance is surely to enforce the rules. I don't see how you can consistently assert both this and this.
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  #10 (permalink)  
Old Wed Dec 16, 2009, 12:47pm
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Quote:
Originally Posted by mbyron View Post
I'm glad nothing bad happened, but I hope you realize that this little disclaimer was a waste of breath and wouldn't last 10 seconds in court, had something untoward occurred.
Actually having a verbal agreement with the youths guardian and a witness is acceptable in court. As long as you can prove you did your due diligence to get all the facts and warn against it. It is just much harder to enforce or defend than the written word.

Reasonable Persons test - Defined as conduct that is better than average but less than perfect.

Straight from my lawyers mouth to the thread. (Canadian law here but very similar if not the same as US Law)
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Last edited by SmokeEater; Wed Dec 16, 2009 at 12:50pm.
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  #11 (permalink)  
Old Sun Dec 13, 2009, 12:09pm
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Interesting Topic ...

Quote:
Originally Posted by grunewar View Post
Coach tells me he's deaf and needs it to hear.
I've had hearing aids, but have never had a cochlear implant. I've treated the hearing aids like eyeglasses, keeping in mind that any item, in the referee’s judgment, that constitutes a safety concern is not permitted.

NFHS citations? Comments?
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Old Sun Dec 13, 2009, 12:54pm
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Question I give up

OK - what was the freakin' headline?
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  #13 (permalink)  
Old Sun Dec 13, 2009, 05:35pm
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I'm As Frustrated As You, But I've Taken My Happy Pills Today ...

Quote:
Originally Posted by Mark Padgett View Post
OK - what was the freakin' headline?
I've got some extra Xanax XR, if you need it.
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  #14 (permalink)  
Old Tue Dec 15, 2009, 11:10am
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Here you go. I can't believe someone spent the time, energy and moolah on this...sheesh, just take the damn things out.

Patent US20090229619
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  #15 (permalink)  
Old Tue Dec 15, 2009, 11:30am
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White, beige, black........

Quote:
Originally Posted by bellnier View Post
Here you go. I can't believe someone spent the time, energy and moolah on this...sheesh.

Patent US20090229619
Never saw that before. Wonder if the NFHS will allow a manufacturers logo and make sure it matches the color of uniform....
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