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  #1 (permalink)  
Old Fri Jul 12, 2013, 09:09am
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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
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Old Fri Jul 12, 2013, 09:59am
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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.
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Old Fri Jul 12, 2013, 10:07am
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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?
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Old Fri Jul 12, 2013, 10:16am
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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.
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Old Fri Jul 12, 2013, 10:21am
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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.
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Old Fri Jul 12, 2013, 11:16am
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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.
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Old Fri Jul 12, 2013, 12:14pm
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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.)
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Old Sat Jul 13, 2013, 10:31pm
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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.
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