Very Serious Injury

[Welpe]

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.

[Camron Rust]

Originally Posted by Terrapins Fan

But girls at this age foul and foul and foul. It is not unusual to have 40 plus fouls and 20 plus jump balls.

Originally Posted by Terrapins Fan

From past experience, these girls have very few skill and just beat up on one another game after game.

They are the hardest to officiate.

I had one game that was 11-12 in Double OT with 50 fouls and not a single basketball. ALL FREE THROWS.

Originally Posted by just another ref

No matter what the video shows, the officials are not responsible for injuries, in spite of what the fans say: "Y'all are gonna let somebody get hurt out there!"

I've observed numerous games over the years where the officials just want to get the check and get out...not calling contact that should be a foul because it will stop the clock. I could anticipate that a major injury in such a game could lead to a ruling against the officials.

If every official would call fouls, the girls will eventually figure out how to play correctly. It is the not calling of these fouls on a consistent basis that leaves the players with the idea that they way they're playing is acceptable. And it will continue until they're penalized for the contact. Sure, it will take 15 minutes longer, but only for a few games. Magically, they'll learn to play with their hands off. It will not help players with "skills" but it will clean up the game.

[Mark T. DeNucci, Sr.]

Originally Posted by just another ref

What law was broken?

Tort law has nothing to do with criminal law. In the situation that Billy gave, the officials failed to enforce a safety rule and that caused a player to be injured. The officials could and should be found civilly liable for negligence in Billy's secnario.

MTD, Sr.

[just another ref]

Originally Posted by Mark T. DeNucci, Sr.

Tort law has nothing to do with criminal law. In the situation that Billy gave, the officials failed to enforce a safety rule and that caused a player to be injured. The officials could and should be found civilly liable for negligence in Billy's secnario.

MTD, Sr.

Failure to enforce a safety rule in this case is subject to a very wide range of interpretation, is it not?

[BillyMac]

Originally Posted by Mark T. DeNucci, Sr.

Tort law has nothing to do with criminal law. In the situation that Billy gave, the officials failed to enforce a safety rule and that caused a player to be injured. The officials could and should be found civilly liable for negligence in Billy's secnario.MTD, Sr.

All of you should pay close attention to Mark T. DeNucci, Sr.'s post. His college roommate was John Jay, and my guess is that he picked up a few pointers from him.

[Mark T. DeNucci, Sr.]

Originally Posted by BillyMac

All of you should pay close attention to Mark T. DeNucci, Sr.'s post. His college roommate was John Jay, and my guess is that he picked up a few pointers from him.

Billy:

I think that you and I get all of our legal advise from IAABO's Alan Goldbeger.

MTD, Sr.

[Raymond]

Originally Posted by Mark T. DeNucci, Sr.

Tort law has nothing to do with criminal law. In the situation that Billy gave, the officials failed to enforce a safety rule and that caused a player to be injured. The officials could and should be found civilly liable for negligence in Billy's secnario.

MTD, Sr.

Originally Posted by just another ref

Failure to enforce a safety rule in this case is subject to a very wide range of interpretation, is it not?

Yeah, in a court of civil law. Which is why we need insurance and sometimes the need for counsel.

Do you think everything will be dropped just because you don't thinks it's an issue?

[KenThree]

For those of you who are not, I would strongly encourage you to join the National Association of Sports Officials (NASO). National Association of Sports Officials

Their consultation service is a benefit that the OP'er could use here. NASO also provides legal counsel and insurance protection to members as needed.

In the past year, I have encouraged my association's membership to join and we had a near-100% sign-up rate from our 100+ member group. The cost of the NASO membership ($99) includes many other benefits, which you can read about on the website.

I am certain there are other groups/companies/associations which offer similar services, and they may be comparable or even superior. However, my experience is with NASO and I can certainly see where they could have helped the officials in this case.

From the beginning, the fear of what will happen here is probably much greater than the ultimate outcome for the officials. Having professional advice to back you through the process would certainly reduce the stress.

[ga314ref]

Originally Posted by VaTerp

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.

[Terrance "TJ"]

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.

[Terrapins Fan]

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.

[Terrapins Fan]

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

Thanks be to God!

[Adam]

Originally Posted by Terrapins Fan

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

Thanks be to God!

Good news. Keep us posted on the legal aspects, if you can.

[SAK]

Great to hear that the player will be ok in a few (ok 8 weeks). Keep us updated.

Question: was there a foul on the play?

[M&M Guy]

Originally Posted by SAK

Question: was there a foul on the play?

Why do you ask?

If there was no foul called, it doesn't show liability on the officials' part in any way as players get hurt playing the game all the time. If there was a foul called, it obviously didn't prevent the injury, as fouls are only called "after-the-fact".

Sorry, but it's a pet peeve of mine to have players, coaches and/or fans blame officials for injuries. Calling a foul (or not) has absolutley nothing to do with player actions; it is ony a reaction to what has already happened. And, what if an official does miss a call? It still would not have prevented the action from occuring.

The players themselves are the only ones directly responsible for their own actions. Second in line would be the coaches, as they have taught the players the actions that could possibly put them in harm's way ("If so-and-so guards you, drive hard to the hole every time!") Officials would be much farther down the list, if they are on the list at all.

Sorry, it's been a while since I've been on the top of this soapbox; I need to get down now as I'm starting to get light-headed from the thin air...