The Official Forum  

Go Back   The Official Forum > Basketball

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1 (permalink)  
Old Fri Jul 12, 2013, 09:09am
Official Forum Member
 
Join Date: Apr 2012
Location: SLC Utah
Posts: 567
Can I be sued?

Last night I am working wreck ball at a NBA players summer camp. I have some pretty talented young kids. A mix of 5th and 6th graders. I see one warming up with a brace on his wrist that extends half way down his forearm. I ask to feel it and sure enough it has a 8 inch x 1 inch blade of steel from the palm of his hand down the wrist, etc. He broke his arm and is using this to protect it. I tell him he can not play with it and will need it removed and have a soft bandage instead. He runs up to his mom and she puts a ace bandage OVER it and the coach tries to get him back into the game.My boss/coach/administrator seats with the parent and debates it. I tell him I dont mind going to another court and having that referee come take my spot to play. Basically 4 other crews had said it was ok so I was in the wrong. I said I would talk to some lawyers and get him information that he or I would be held responsible if the kid hurt someone. I realized this is the only place I work where I am actually an employee. So I believe the business would be sued not me. I wanted to hear opinions and was hoping one of you was a lawyer...

Thanks in advance
__________________
BigT "The rookie"
Reply With Quote
  #2 (permalink)  
Old Fri Jul 12, 2013, 09:59am
9/11 - Never Forget
 
Join Date: Jan 2007
Location: Northern Virginia
Posts: 5,642
Send a message via Yahoo to grunewar
I don't have an answer for you, but thought it ironic that I was reading your post, an advertisement for BetterBraces.com was at the top of my screen.
__________________
There was the person who sent ten puns to friends, with the hope that at least one of the puns would make them laugh. No pun in ten did.
Reply With Quote
  #3 (permalink)  
Old Fri Jul 12, 2013, 10:07am
Official Forum Member
 
Join Date: Apr 2012
Location: SLC Utah
Posts: 567
Quote:
Originally Posted by grunewar View Post
I don't have an answer for you, but thought it ironic that I was reading your post, an advertisement for BetterBraces.com was at the top of my screen.
I know that was funny. grunewar would you allow the kid to play with the brace?
__________________
BigT "The rookie"
Reply With Quote
  #4 (permalink)  
Old Fri Jul 12, 2013, 10:16am
Official Forum Member
 
Join Date: Oct 2007
Posts: 751
I'd pick up the phone and seek a legal opinion from counsel in your area.

5th and 6th grade basketball isn't worth jeopardizing your financial well being.
Reply With Quote
  #5 (permalink)  
Old Fri Jul 12, 2013, 10:21am
Rich's Avatar
Get away from me, Steve.
 
Join Date: Aug 2000
Posts: 15,770
Quote:
Originally Posted by BigT View Post
I know that was funny. grunewar would you allow the kid to play with the brace?
I wouldn't. I'd say that I deem it dangerous. If someone tries to overrule that, then I'm not working the game. Easy enough, no attorneys needed.

You can be sued for anything.
Reply With Quote
  #6 (permalink)  
Old Fri Jul 12, 2013, 11:16am
9/11 - Never Forget
 
Join Date: Jan 2007
Location: Northern Virginia
Posts: 5,642
Send a message via Yahoo to grunewar
Thumbs up

Quote:
Originally Posted by BigT View Post
grunewar would you allow the kid to play with the brace?
Quote:
Originally Posted by Rich View Post
I wouldn't. If someone tries to overrule that, then I'm not working the game.
+1

Earrings, illegal hair restraints, braces - none of it. I'm not working the game. Someone else can do it if they want.

In this case they are more likely to hurt someone else, than themselves! Hence the rule.

I'll walk away and live to work another day - and my conscience will be clear.
__________________
There was the person who sent ten puns to friends, with the hope that at least one of the puns would make them laugh. No pun in ten did.
Reply With Quote
  #7 (permalink)  
Old Fri Jul 12, 2013, 12:14pm
Official Forum Member
 
Join Date: Sep 2003
Location: Katy, Texas
Posts: 8,033
If only there was a rule to apply here... oh... wait!

(Seriously, if your "supervisor" lets him play, show him the rule. If he still lets him play, walk.)
__________________
I was thinking of the immortal words of Socrates, who said, 'I drank what?'”

West Houston Mike
Reply With Quote
  #8 (permalink)  
Old Fri Jul 12, 2013, 02:22pm
Official Forum Member
 
Join Date: Nov 2002
Posts: 14,995
It would depend upon what rules the facility has in place to govern these 5th and 6th grade contests. Of course, you need to act in your best interest and reasonably account for player safety. Basically, you wish to avoid the standard of being negligent in legal terms.

All of that said, I would not allow the youngster to participate. They can find another official, if the league/facility insists otherwise. Why? I would not put myself at risk and the NFHS rules book states the following:
RULE 3, SECTION 5 TEAM MEMBER’S EQUIPMENT, APPAREL
ART. 1 . . . The referee shall not permit any team member to wear equipment or apparel which, in his/her judgment, is dangerous or confusing to other players or is not appropriate.
NOTE: Each state association may, in keeping with applicable laws, authorize exceptions to NFHS playing rules to provide reasonable accommodations to individual participants with disabilities and/or special needs, as well as those individuals with unique and extenuating circumstances. The accommodations should not fundamentally alter the sport, allow an otherwise illegal piece of equipment, create risk to the athlete/others or place opponents at a disadvantage.
ART. 2 . . . Guards, casts and braces must meet the following guidelines:
a. A guard, cast or brace made of a hard and unyielding substance, such as, but not limited to, leather, plaster, plastic or metal shall not be worn on the elbow, hand, finger/thumb, wrist or forearm; even though covered with soft
padding."
Reply With Quote
  #9 (permalink)  
Old Fri Jul 12, 2013, 02:57pm
I got a Basketball Jones!
 
Join Date: Dec 2002
Location: Hunger
Posts: 937
At a game this week my partner and I removed a sub for wearing earrings. At halftime her coach asked my rookie partner if she could tape them over and play. He made the unilateral decision to condone playing while taped over!!

I refused to start the 2nd half while she participated, telling everyone involved that it was a safety issue and not permitted under ANY circumstances. Both the gym supervisor onsite and the league organizer dictated she be permitted to play. Her father offered to sign a waiver.
Mind you, this is in DC suburbs where we have the highest per-capita population of lawyers in the world.

I sat and suggested to my partner he do the same. He finished the game doing one-whistle. Fortunately the game finished uneventfully.
Would anyone counsel differently?

I am getting treated for 3 sets of tire tracks on my back!
__________________
Lah me..
(In honor of Jurassic Ref, R.I.P.)
Reply With Quote
  #10 (permalink)  
Old Fri Jul 12, 2013, 03:42pm
9/11 - Never Forget
 
Join Date: Jan 2007
Location: Northern Virginia
Posts: 5,642
Send a message via Yahoo to grunewar
Rick, I would have done the same.

Shame on your partner!
__________________
There was the person who sent ten puns to friends, with the hope that at least one of the puns would make them laugh. No pun in ten did.
Reply With Quote
  #11 (permalink)  
Old Fri Jul 12, 2013, 04:57pm
Esteemed Forum Member
 
Join Date: Aug 2005
Location: Connecticut
Posts: 22,934
No Discussion ...

Not safe? Not playing. Period. Let me be perfectly clear: Not playing. Any questions? Answer: Not Playing. Don't speak English? Ne joue pas. Want it in code? Otnay ayingplay.
__________________
"For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life." (John 3:16)

“I was in prison and you came to visit me.” (Matthew 25:36)
Reply With Quote
  #12 (permalink)  
Old Fri Jul 12, 2013, 06:01pm
Official Forum Member
 
Join Date: Jan 2012
Location: West Orange, NJ
Posts: 2,583
Quote:
Originally Posted by justacoach View Post
At a game this week my partner and I removed a sub for wearing earrings. At halftime her coach asked my rookie partner if she could tape them over and play. He made the unilateral decision to condone playing while taped over!!

I refused to start the 2nd half while she participated, telling everyone involved that it was a safety issue and not permitted under ANY circumstances. Both the gym supervisor onsite and the league organizer dictated she be permitted to play. Her father offered to sign a waiver.
Mind you, this is in DC suburbs where we have the highest per-capita population of lawyers in the world.

I sat and suggested to my partner he do the same. He finished the game doing one-whistle. Fortunately the game finished uneventfully.
Would anyone counsel differently?

I am getting treated for 3 sets of tire tracks on my back!
Not just shame on the partner, shame on the gym supervisor and league organizer.

I would've handled it the same way: If the partner wants to do the game by himself, more power to him. If you work for those folks again and they try that nonsense just cite the first three words of NFHS 3-5-8: "Jewelry is prohibited." If it's NCAA rules cite 3-9-7: "Head decorations, head wear and jewelry are illegal." Can't get much more clear than that.


Quote:
Originally Posted by BigT View Post
I tell him he can not play with it and will need it removed and have a soft bandage instead. He runs up to his mom and she puts a ace bandage OVER it and the coach tries to get him back into the game.
As Nevadaref posted, NFHS 3-5-2 backs up your decision. Case closed. It's hard for anyone to argue at that point, though some will.
__________________
"Everyone has a purpose in life, even if it's only to serve as a bad example."
"If Opportunity knocks and he's not home, Opportunity waits..."
"Don't you have to be stupid somewhere else?" "Not until 4."
"The NCAA created this mess, so let them live with it." (JRutledge)

Last edited by JetMetFan; Fri Jul 12, 2013 at 06:05pm.
Reply With Quote
  #13 (permalink)  
Old Sat Jul 13, 2013, 04:44pm
Official Forum Member
 
Join Date: Aug 2000
Posts: 14,616
"Can I be sued? "

Really? What do you think?

Of course you can.
__________________
"...as cool as the other side of the pillow." - Stuart Scott

"You should never be proud of doing the right thing." - Dean Smith
Reply With Quote
  #14 (permalink)  
Old Sat Jul 13, 2013, 06:18pm
Official Forum Member
 
Join Date: Feb 2003
Location: Boston area
Posts: 615
Quote:
Originally Posted by justacoach View Post
Both the gym supervisor onsite and the league organizer dictated she be permitted to play. Her father offered to sign a waiver.!
I brought a similar situation to this forum a few years back, where the site manager of a HS varsity summer tournament insisted that I allow a girl to play with earrings. She too was willing to sign a waiver.

I received a good dressing down here from an attorney/official explaining two things: the waiver is essentially worthless and the liability to me was huge if anyone were injured. (The player, her parents and site manager cannot waive liability for any other player if one were to be injured by the illegal jewelry.)

I have never forgotten that great advice and have repeatedly had to use it.

Never, ever allow a player to participate with jewelry.

Last edited by BayStateRef; Sun Jul 14, 2013 at 09:32pm.
Reply With Quote
  #15 (permalink)  
Old Sat Jul 13, 2013, 10:31pm
Administrator
 
Join Date: Sep 1999
Location: Toledo, Ohio, U.S.A.
Posts: 8,044
Quote:
Originally Posted by BigT View Post
Last night I am working wreck ball at a NBA players summer camp. I have some pretty talented young kids. A mix of 5th and 6th graders. I see one warming up with a brace on his wrist that extends half way down his forearm. I ask to feel it and sure enough it has a 8 inch x 1 inch blade of steel from the palm of his hand down the wrist, etc. He broke his arm and is using this to protect it. I tell him he can not play with it and will need it removed and have a soft bandage instead. He runs up to his mom and she puts a ace bandage OVER it and the coach tries to get him back into the game.My boss/coach/administrator seats with the parent and debates it. I tell him I dont mind going to another court and having that referee come take my spot to play. Basically 4 other crews had said it was ok so I was in the wrong. I said I would talk to some lawyers and get him information that he or I would be held responsible if the kid hurt someone. I realized this is the only place I work where I am actually an employee. So I believe the business would be sued not me. I wanted to hear opinions and was hoping one of you was a lawyer...

Thanks in advance
Yes you can and yes you will if the player wearing the jewelery get hurt because she was wearing it or if another player got hurt because of the jewelry.

Why? Tort law will recogonize you and only you as the rules expert among everybody (tournament/camp director, coach, player, and/or parent). And because you are the rules expert you are ethically, professionaly, and liabilty wise, expected to do the correct thing no matter how stupid everybody else is or wants to be.

These are the same requirements that I must apply when fulfilling my responsibilities as a structural design engineer (not anymore, since my better half informed me on this past Valentine's Day that I was officially retired, but that is another story). You must put safety first no matter what the client (or idiots) want.

Years ago I was officiating (I was the R) a AAU girls' invitational tournament in Michigan and my partner was an attorney who was a litigation attorney. The HC of one of the teams, was a dentist (I wanted to smack him silly because like me his was a science professional) whose daughter was wearing a ring on one of her fingers which she said she was not able to remove. We informed her that we would not let her play while wearing it. Her father said that he would sign a statement that he wouldn't sue us if his daughter got hurt. My partner told him that we allowed her to play with his signed statement and she got hurt that he, the father, would definitely sue my partner and I because my partner would sue me and himself on behalf of his daughter for being negligent. I busted a gut laughing and furthermore his daughter found a way to remove the ring.

MTD, Sr.
__________________
Mark T. DeNucci, Sr.
Trumbull Co. (Warren, Ohio) Bkb. Off. Assn.
Wood Co. (Bowling Green, Ohio) Bkb. Off. Assn.
Ohio Assn. of Basketball Officials
International Assn. of Approved Bkb. Officials
Ohio High School Athletic Association
Toledo, Ohio
Reply With Quote
Reply

Bookmarks

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
OMG - local ref gets sued on People's Court Mark Padgett Basketball 15 Fri Jul 12, 2013 03:47pm
Getting Sued HugoTafurst Softball 6 Sun May 19, 2013 09:36am
This is ridiculous--Little Leaguer getting sued Mountaincoach Baseball 29 Sat Jul 07, 2012 07:38pm
OT - NCAA sued by AAU coach Mark Padgett Basketball 2 Mon Mar 14, 2011 07:24pm
Coach sued for $1.5M after child does not make V Rookie Basketball 11 Fri Dec 14, 2001 07:50am


All times are GMT -5. The time now is 05:49am.



Search Engine Friendly URLs by vBSEO 3.3.0 RC1