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  #1 (permalink)  
Old Sun Jan 16, 2011, 05:07pm
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Quote:
Originally Posted by Judtech View Post
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?
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Old Sun Jan 16, 2011, 05:40pm
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Quote:
Originally Posted by zm1283 View Post
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
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Old Sun Jan 16, 2011, 06:00pm
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Quote:
Originally Posted by Judtech View Post
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.
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Old Sun Jan 16, 2011, 06:00pm
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Quote:
Originally Posted by Judtech View Post
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.
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Old Sun Jan 16, 2011, 06:06pm
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Quote:
Originally Posted by Judtech View Post
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

Last edited by VaTerp; Sun Jan 16, 2011 at 06:08pm.
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Old Tue Jan 18, 2011, 03:04am
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Quote:
Originally Posted by VaTerp View Post
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:

Sports officials find their decisions, actions challenged in court | Facebook
I'm not an attorney. Generally, a person who plays in a sport is considered to have accepted the risks inherent to the sport. Contact and injury are a part of basketball, and while anyone can sue anyone else, I feel it would difficult to prove negligence in the situation that was described. That said, having insurance is a good idea.
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Old Tue Jan 18, 2011, 03:19pm
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Yes and No

Let me get a few things out of the way here before I put in my response. I am a certified paralegal, I am not a lawyer. I do know a bit about the legal process. I can only offer suggestions and nod/shake my head. SO, note, these are only suggestions available, not sound legal advice. And, for the record, civil tort was the worst part of my training for me. :|

I recall two terms being applicable to this, due diligence (in duty) and negligence. Both could be possibly used here when applied in a court room. And the biggest suggestion(s) I can offer has already been said; write it down!, talk to no one else about it esp. if the rumblings of a case are abound (unfortunate), and get some professional legal help/advice/representation.

Now, for my personal opinion. I see that if courts start keeping refs on the suit, then it will be harder and harder to recruit, maintain numbers, and get guys out on the hardwood.
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Old Tue Jan 18, 2011, 09:52pm
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TJ, I agree.

I did find out that she took an elbow to the chest area causing her to fall backwards and she hit her head on the floor cause the break to her Cervical vertebrae in the neck. I still have not heard if she has any paralysis. I pray not.
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Old Wed Jan 19, 2011, 02:04pm
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Update

I just found out, she is in a neck brace, for 8 weeks. No paralysis.

Thanks be to God!
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Old Mon Jan 17, 2011, 10:53am
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In our state, we are required to file a report with the state within three business days of this type of incident. My first e-mail would be to my assigner giving him the heads up that there was an incident and that I will be filing a report. I would then contact NASO's Membership Information and Consulting Program since I am a member. Then I will file the report within the required time frame.

These types of things are why insurance is a great idea and at a relatively cheap price, I think it is crazy not to have it.
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