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-   -   Very Serious Injury (https://forum.officiating.com/basketball/60599-very-serious-injury.html)

zm1283 Sun Jan 16, 2011 05:07pm

Quote:

Originally Posted by Judtech (Post 716931)
I know that JrHi games are basically scrums. BUT, if the video shows you were negligent in your duties, you could be in trouble. The first question the officials are going to be asked is this "How did she end up on the ground?" If you can't answer that, it will be EASY to prove negligence on the officials part. If the player went down due to some type of retaliation from the other player, negligence/standard of care again. No we don't "cause" injuries but we can be held responsible.

What difference does it make?

Adam Sun Jan 16, 2011 05:16pm

Quote:

Originally Posted by Terrapins Fan (Post 716924)
And you know this because.....

If we are not responsible, why do we carry insurance?

Because of the headaches involved. jar is right, as far as I've read, the number of officials actually declared liable for injuries during play is zero. Insurance is so we get legal representantion for the time it takes the judge to throw our names off the list of defendants.

Adam Sun Jan 16, 2011 05:19pm

Quote:

Originally Posted by BillyMac (Post 716927)
What about negligence? Official observes a kid with a metal splint on his finger, examines it, and mistakenly allows it. In the game the metal splint pokes out the eye of another player.

This could be a case against us. But it hardly applies to the OP.

Raymond Sun Jan 16, 2011 05:31pm

Quote:

Originally Posted by Snaqwells (Post 716959)
This could be a case against us. But it hardly applies to the OP.

Billy's post was in response to the question as to why we would need insurance.

Adam Sun Jan 16, 2011 05:32pm

Quote:

Originally Posted by BadNewsRef (Post 716969)
Billy's post was in response to the question as to why we would need insurance.

No eggnog, just Tramadol.

Judtech Sun Jan 16, 2011 05:40pm

Quote:

Originally Posted by zm1283 (Post 716948)
What difference does it make?

Was the player pushed? Struck? Or did she just fall on her own?

The best case scenario (legally) would be that she just lost her balance and fell on her own.

SNAQ I somewhat agree with you. However, the cases that are brought against officials and settled out of court are not often reported as part of the agreement. Fortunately for us (officials) courts seem to be very lenient/forgiving/ and have not shown an overwhelming desire to pass judgements against officials. But to get the the jury point takes A LOT of money

Adam Sun Jan 16, 2011 06:00pm

Quote:

Originally Posted by Judtech (Post 716972)
But to get the the jury point takes A LOT of money

Hence our need for insurance in spite of the lack of any actual rulings against us.

Raymond Sun Jan 16, 2011 06:00pm

Quote:

Originally Posted by Judtech (Post 716972)
Was the player pushed? Struck? Or did she just fall on her own?

The best case scenario (legally) would be that she just lost her balance and fell on her own.

...

I don't see how whether or not the player was pushed/struck would make a difference in regards to liability of the officials unless there was video showing that officials were allowing those kinds of action to occur without being penalized the entire game.

VaTerp Sun Jan 16, 2011 06:06pm

Quote:

Originally Posted by Judtech (Post 716972)
Was the player pushed? Struck? Or did she just fall on her own?

The best case scenario (legally) would be that she just lost her balance and fell on her own.

SNAQ I somewhat agree with you. However, the cases that are brought against officials and settled out of court are not often reported as part of the agreement. Fortunately for us (officials) courts seem to be very lenient/forgiving/ and have not shown an overwhelming desire to pass judgements against officials. But to get the the jury point takes A LOT of money

IMO the only thing that would matter about how she fell would be if there was an unsafe playing condition that the officials "should" have been aware of prior to the incident.

I would love to see argument/documented cases for a sports official being held legally responsible for an injury caused by the actions of participants. Especially, in a situation like the one referenced in the OP.

Most parents have to sign liability waivers that include assumptions of risk as part of participating in any sport. Like others have said, this is America, you can sue anybody for anything. But I would bet good money that the overwhelming majority of cases of this nature are thrown out before they ever see a court room.

Here's a link with some info on these types of lawsuits:

http://www.facebook.com/topic.php?ui...04&topic=10902

just another ref Sun Jan 16, 2011 06:27pm

Quote:

Originally Posted by BadNewsRef (Post 716947)
If that cop observed him speeding and chose not to enforce the speed limit, then yes, he could be held to some level of cupability.

No, the cop didn't see him. Kinda like a lot of things in a jr. high game.

BillyMac Sun Jan 16, 2011 07:34pm

Bad News For Me ...
 
Quote:

Originally Posted by Snaqwells (Post 716970)
No eggnog, just Tramadol.

Good news for all Forum members. All the holiday nog is gone.

zm1283 Sun Jan 16, 2011 08:32pm

Quote:

Originally Posted by BadNewsRef (Post 716983)
I don't see how whether or not the player was pushed/struck would make a difference in regards to liability of the officials unless there was video showing that officials were allowing those kinds of action to occur without being penalized the entire game.

This. Players foul each other and end up on the ground all the time. Unless the officials were negligent or put the injured player on the ground themselves, I don't know how they could be found liable in a civil suit. If that was the case, football officials would be constantly fighting lawsuits.

BktBallRef Sun Jan 16, 2011 08:35pm

Terp fan, I would suggest sending a PM to Texas Aggie. He's an attorney.

Terrapins Fan Sun Jan 16, 2011 10:33pm

Thanks for the advice. We have a lawyer who works with us as an official also.

I do not know any details of the game.

It does make you think.

Rich Mon Jan 17, 2011 12:47am

Quote:

Originally Posted by Terrapins Fan (Post 716924)
And you know this because.....

If we are not responsible, why do we carry insurance?

Because even if a lawsuit gets thrown out (which it will except in the case of gross negligence) it costs money to defend yourself. Anyone can get sued.

I belong to NASO and I have an umbrella insurance policy. The main reason is to have someone else with skin in the game so they provide the lawyers I'd need *if* I get sued.


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