A. Assault, defamation, fraudulently influencing the result of the competition, etc.
A. Which results in an injury to a participant, spectator, or others.
1. Negligence: The failure to use reasonable care to see that the rules of the competition are complied with.
2. Standard Of Care: In evaluating an official’s conduct, the courts will judge it against that of a “Reasonable and Prudent” person with similar training and experience.
3. The Reasonably Prudent Official.
a. Knows the rules that are designed to protect the players;
b. Knows his or her responsibility in enforcing these rules; and
c. Does not permit anyone to prevent him or her from doing his or her job.
A. The existence of a duty from the official to the plaintiff;
B. The breach of that duty by the official;
C. A casual connection between the negligent conduct of the official and the injury to the plaintiff;
D. Plaintiff’s injury; and
E. Damages to the plaintiff resulting from the official’s negligent conduct.
A. Who pays if an official is found liable to a plaintiff for damages?
1. The AIA? – NO, the official is an independent contractor and the AIA is not liable for the official’s negligence.
2. The school? – NO, because the official is an independent contractor unless the school is independently liable for its own negligence: There is a defect in the playing field.
3. The official’s protection
a. Cost of Defense: $5,000 - $20,000 and up;
b. Homeowner’s insurance policy? Probably not;
c. Official’s Liability insurance policies. National Federation ($1,000,000) comes with your registration; NASO has a policy. CAFOA does not.
A. Georgia High School Association vs. Waddel (1981): Football – Wrong enforcement of roughing the kicker penalty causes loss of playoff qualifying game. Parents of losing team players sued. Trial court’s order to replay the last 7 minutes of 4th quarter (reversed on appeal).
B. Bain vs. Gillispie (1983): Store owner sues college basketball official for $175,000 economic loss in sale of Iowa memorabilia because wrong call caused Iowa to lose to Purdue, eliminating Iowa from Big Ten championship (claim dismissed).
C. Pape vs. State New York (1983): Official sued for failure to properly supervise hockey game causing injury to player in fight with another player (claim dismissed).
D. Classen vs. State of New York (1985): State sued for boxing referee’s negligence for wrongful death of boxer during bout. Also Rosenweig (1959) (claims dismissed). Referee’s negligence not attributable to state because referee’s are not state employees (referees not sued).
E. Forkash vs. City of New York (1967): Softball umpire sued after 2 outfielders collided when one tripped on a piece of glass. Claim reinstated by appellate court after trial judge dismissed it.
F. Carabba vs. Anacortes School District (1967): Wrestler paralyzed by illegal hold sued referee whose attention had been momentarily diverted to move two mats together. Judgment dismissing case reversed on appeal, case sent back for trial.
G. Kerby vs. Elk Grove Union High School District (1934): Basketball player died after being hit in the head by ball on throw in. Referee sued for failing to blow whistle when ball went out of bounds. Jury’s verdict for plaintiff tossed out by trial judge. Dismissal affirmed on appeal.
H. Kline vs. OID Association (1992): Soccer referee sued by player who was kicked by another player. Summary judgment for referee affirmed on appeal.
I Collins vs. Resto (1990): Boxing promoter sued for failure of referee to inspect boxer’s gloves and discover that trainer had removed padding before match. Promoter not liable for referee’s negligence, if any. Referee not sued.
J. Bellezzo vs. State of Arizona (1993): Spectator hit by foul ball at Packard Stadium sued for inadequate fencing for spectators. Judgment for defendant.
K. Benitez vs. New York Board of Education (1989): High school football player paralyzed in game sued school district, coach, and principal for allowing him to play in mismatched football game while fatigued. $1,250,000 judgment for plaintiff reversed on appeal.
L. Brown vs. Day (1990): College soccer player pushed to ground and kicked in jaw by opponent sued university and it’s coach for failing to control player. Judgment for defendants.
M. Harvey vs. Ouachita Parish School Board (1989): High school football player grabbed by face mask, twisted, and forced out of bounds where other opponents piled on him, sued coach of opponents and association because referees failed to conduct game with reasonable safety, allowed dangerous and intentionally harmful play to go on, allowed plaintiff to be injured by opposing team after play was dead, and failed to expel excessively rough players from the game. Association not liable for referee’s negligence.
N. Kennel vs. Carson City School District (1990): High school basketball player attacked by opponent sued school district alleging that referees negligently failed to protect player. School district not liable for referees’ conduct.
O. Marchetti vs. Kalish (1990): Ohio case holding that before a plaintiff can proceed with a case involving injury from a sports activity reckless or intentional conduct (not just negligence), must exist to hold another player liable. Illinois, New York, New Mexico, Missouri, Michigan, and Florida agree.
P. Shapiro vs. Queens County Jockey Club (1945): Plaintiff bought $50 ticket to “Win” on horse “Breezing home.” Officials declared a false start but breezing home and two other horses ran the full distance and Breezing Home won. On the restart, Breezing Home finished fifth. Track sued for negligence of officials in declaring false start. Track won.
Q. Morgan vs. State of New York (1997): Three sports participants (Bobsledder and two martial arts students) cases against the operators of athletic facilities dismissed because plaintiffs assumed the risk of injury from the commonly anticipated risks inherent in their sports. “The Timorous may stay at home.”
A. Cap vs. bound Brook Board of Education (1984): High School football officials sued for allowing game to be played on extremely muddy field by player paralyzed from the neck down while attempting a tackle. Claims against officials dismissed. Claims against coach and school settled.
B. Nash vs. Borough of Wildwood (1983): Softball catcher playing without a mask in violation of rules sustained a partial loss of vision sued umpire for not giving him his mask and officiating from behind pitcher. Case settled.
C. Fulgam vs. American Association of Professional Baseball Clubs (1985): Minor league pitcher injured slipping off wet mound sued umpires who allowed game to continue after rain.
D. Frazier vs. Rutherford Board of Education (1983): Track official sued for by high school track team member who slipped on wet take-off board.
E. Gross vs. City of Oakland (1985): Jury refused to find umpire liable for injury to softball player who stepped into a depression in the batter’s box as he ran from third base to home.
F. Bubba Smith vs. National Football League (1974): NFL, Linesman Ed Marion, and chain crew member sued by Bubba Smith who claimed a career shortening knee injury occurred when he ran into a down marker stuck in the ground. Jury found for the defendants on Bubba’s negligence claim.
G. Arizona wrestling official and AIA sued for injury to high school wrestler. Plaintiff alleged that the referee was negligent by being more than one arm’s length away from wrestlers. Settled.
H. Referee magazine, Volume 10 reported that a spectator in California hit by foul ball recovered damages from the umpire.
A. Condition of the playing field: Rule 1-2
1. High jump pits, shot put areas, etc…
2. Holes, sprinkler heads, rocks, glass, muddy conditions, etc.
3. Goal posts properly padded: 1-2-5-f
B. Mandatory Equipment: Rule 1-5-1
1. Helmet and face mask with NOCSAE label: 1-5-1-a & b
2. Hip pads with tailbone protector: 1-5-1-c
3. Knee pads over the knee, under the pants: 1-5-1-e
4. Mouthpiece: 1-5-1-j
5. Cleats no longer than ½ inch: 1-5-1-g-1-(b)
6. Shoulder pads and thigh guards: 1-5-1-h & i
C. Illegal equipment: Rule 1-5-3
1. Hard substances unless covered: 1-5-3-c
2. Knee braces not properly designed and worn: 1-5-3-d
3. Projecting metal or other hard substance: 1-5-3-e
4. Plastic material without rounded edges: 1-5-3-f
5. Uncovered rib or back protectors: 1-5-3-g
6. Jewelry: 1-5-3-m
7. Helmet eye shield that prevents visual examination of player’s eyes: 1-5-3-n
C. Condition of Equipment
1. Allow necessary repair; Rule 3-5-5-b
2. Blow whistle immediately if runner’s helmet comes off during play; Rule 4-2-k
3. Correct missing, illegal, and repair defective equipment before further participation; Rule 1-5-5
D. Weather conditions, especially lightning
1. 8 to 9 million lightning strikes per day
2. Electric current 300 miles per second
3. Fifty million volts of electricity per strike
4. See August 1997 Referee magazine article
E. Injured players; Rule 3-5-10
1. Remove injured or apparently injured player for one down.
2. Unconscious or apparently unconscious player may not return to game without written authorization from a physician.
3. Remove bleeding player, player with open wound, and player with excessive blood on uniform.
F. Instructions to chain crew; off line; flag ends on markers.
G. Keep sidelines clear
H. Penalizing rough play and ejecting offending players;
1. Fighting, striking, kicking, or kneeing requires ejection from game; Rule 9-4-2-l
2. Penalize unsportsmanlike conduct such as baiting and taunting to keep game under control; Rule 9-5-1
1. Misapplication of a rule causing economic loss; non-reviewability by courts.
2. Ordinary injuries associated with the game not caused by illegal equipment or by players who previously have been playing with excessive roughness, but were not disqualified when they should have been.
A. Aronow vs. Fairfax Ice Arena (1984)Ice hockey referee attacked by fans after semi-pro game. Settled before trial.
B. Wilhelm vs. San Diego United School District (1985): Basketball referee sued school district when fans attacked him after high school game.
C. Cole vs. Atlantic Coast Hockey League (1985): Ice hockey referee sued league and players for cervical fracture incurred when he was thrown to the ice as he tried to break up a fight.
A. Barry Mano of NASO promoting bills to criminalize abusive behavior toward athletic officials.
B. Sixteen states have such laws and thirteen have pending legislation. The sixteen that currently have laws are (http://www.ieway.com/naso/page5.html - May, 2003):
C.
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Alabama |
Georgia |
Montana |
Oklahoma |
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Arkansas |
Kentucky |
New
Jersey |
Oregon |
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California |
Louisiana |
New
Mexico |
Pennsylvania |
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Deleware |
Minnesota |
North
Carolina |
West
Virginia |