Another legal question

[Ed Hickland]

The sidelines in youth games often become crowded as some of the teams have more coaches than players and parents often stray right to the sideline.

What if a parent seeking a better view of the play strays into the path of an official causing the official to crash into him and break a leg.

Do we have a lawsuit against the parent?

[parepat]

We can always have a lawsuit, but the question is whether or not we have a winner. In this hypothetical the answer is --maybe. This would be a negligence claim. There are components to proving a negligence claim that I will not get into on this forum but if we can think of it as a reasonable man standard it should suffice. Did this fan acting reasonable given the circumstances? If no, did his unreasonable action cause the injury? If yes, then the official can recover damages related thereto.

In determining whether he acted reasonably, we would look to the game situation and management. If his son had been injured on the play and dad was running out to provide help, then his actions may have been reasonable.

The refs. award could be reduced by comparative or contributory negligence. That is to say that if the jury determined that the ref was negligent by his own action (ie failing to control the sideline throughout the game) then his recovery could be reduced or eliminated.

The league could face a lawsuit for failing to provide a safe game environment.

This brings up the bigger question, which is: as officials how much do we know about the insurance coverage of the youth leagues we work? In federation games we know that we are covered by our own insurance, but not in youth games. Probably a good idea for the assignors in the youth leagues to inquire.

Hope this helps.

[Texas Aggie]

The refs. award could be reduced by comparative or contributory negligence. That is to say that if the jury determined that the ref was negligent by his own action (ie failing to control the sideline throughout the game) then his recovery could be reduced or eliminated.

I agree with just about everything said in the post except (in just a small way) with the quoted text here. I don't agree that the official's actions here could really constitute comparative (I think contributory as a bar is out with the dinosaurs, but correct me if wrong) negligence since the official doesn't owe a duty to the FAN to keep the sideline clear. Maybe to the players (although I disagree with that somewhat) or coaches, but not to anyone who shouldn't be there. Equate that with the premises liability actions of a trespasser.

All this is just theory. I'm not suggesting one not be diligent in his or her sideline responsibilities. But keep in mind that negligence is based first on a legal duty owed to one by the other. Some states are a bit more liberal in defining legal duties, either by statute or case law, while others like Texas are a bit more conservative. I've had national clients that lost cases in other states that would be thrown out before trial in Texas.

[ljudge]

Originally Posted by Ed Hickland

What if a parent seeking a better view of the play strays into the path of an official causing the official to crash into him and break a leg.

Do we have a lawsuit against the parent?

Heck, I think you do. Parents should know they shouldn't be near the field of play. Common sense would have to prevail with the lawyers.


But, to take it to another extreme. THIS REALLY HAPPENED! I was working the umpire position in a 3-man midget game about 6 years ago. The play went away from the HL's side. In 3-man the R takes the sideline and the U runs up the hash. The play broke for about 60 yards in the home-side side zone.

As I ran up the hash I can see the coaches running on to the field toward me screaming (they were trying to get me to stop). Of course I have my back to the visitors sidelines keeping the runner properly boxed in. Low and behold as I got to the endzone I turned my head slightly to the right and I can see out the corner of my eye a TODDLER about 2 years old was running about a yard deep in the endzone parallel with the endline.

If I hadn't looked to the right I wouldn't have seen this kid. I literally had to stop in my tracks but couldn't so as I'm stopping (but still moving) I kind of grabbed the kid to keep him from falling to the ground. He was directly in my path.

Where was the parent you ask? On the sidelines (beyond the fence) shooting the sh!t with other parents. The gate was wide open and the parent simply let the kid stray away. I joined NASO after that incident.