default
Member
http://www.youtube.com/user/iamlaws...league coach&gclid=COj6-9LekaUCFdJL5Qodfwk6Qg
Whats a coach to do?..........
Whats a coach to do?..........
default
Member
No, that video should not scare anyone away. In fact, the system worked. The coach was dismissed from the lawsuit.
One thing that is never going to change - and we don't want it to change - is that if you are a living, breathing person, you are subject to being sued. You can set yourself up to win a lawsuit with precautionary measures, but you can't keep yourself from getting sued.
That begs the question, what will keep frivilous lawsuits from being filed? Loser pays all costs (attorney fees, lost wages, etc.) for the winner is one idea, and that is done to some extent. Judges being more aggressive about granting summary judgment (motion filed early in most civil lawsuits that decides a case in favor of the party filing the motion) is another, but that risks tossing out some valid claims. If the facts are in any doubt, judges won't decide a case on summary judgment.
Another thing that would help matters is a much more expedited discovery process with fewer arcane rules. The civil system is set up now with some utopian goal of examining every possible speck of evidence in a case and turning over thousands of rocks with nothing under them. As a result, many cases drag on for years, with a high rate of diminishing returns on good evidence after some point in time. Lawyers will fight any reforms because all of this paperwork makes them a lot of money. At some point we need to say we have enough discovery and enough evidence and let's have the trial.
Anyway, the coach in the video got sued and wasn't happy about it. He was dropped from the suit, but still can't figure out why the system didn't work. The only solution he would like as far as I can tell is for coaches to be immune from lawsuits. Is that what we want? What if a coach physically assaults a kid? What if a coach throws a baseball at a kid who isn't looking with the idea of hitting the kid (one of my old high school coaches used to actually do this)?
I don't think anybody would be in favor of saying coaches can't be sued. So that leaves the legislators and legal system to do their best to limit frivilous lawsuits without discouraging valid lawsuits. There is a balance to be found and right now I think most people agree it is tilted to allowing too many bad lawsuits and tying up too much time and resources of litigants. Reforms will have to come through the legislative branch (who are mostly clueless about a courtroom, not to mention the economy) because the trial lawyers will fight it every step of the way.
One thing that is never going to change - and we don't want it to change - is that if you are a living, breathing person, you are subject to being sued. You can set yourself up to win a lawsuit with precautionary measures, but you can't keep yourself from getting sued.
That begs the question, what will keep frivilous lawsuits from being filed? Loser pays all costs (attorney fees, lost wages, etc.) for the winner is one idea, and that is done to some extent. Judges being more aggressive about granting summary judgment (motion filed early in most civil lawsuits that decides a case in favor of the party filing the motion) is another, but that risks tossing out some valid claims. If the facts are in any doubt, judges won't decide a case on summary judgment.
Another thing that would help matters is a much more expedited discovery process with fewer arcane rules. The civil system is set up now with some utopian goal of examining every possible speck of evidence in a case and turning over thousands of rocks with nothing under them. As a result, many cases drag on for years, with a high rate of diminishing returns on good evidence after some point in time. Lawyers will fight any reforms because all of this paperwork makes them a lot of money. At some point we need to say we have enough discovery and enough evidence and let's have the trial.
Anyway, the coach in the video got sued and wasn't happy about it. He was dropped from the suit, but still can't figure out why the system didn't work. The only solution he would like as far as I can tell is for coaches to be immune from lawsuits. Is that what we want? What if a coach physically assaults a kid? What if a coach throws a baseball at a kid who isn't looking with the idea of hitting the kid (one of my old high school coaches used to actually do this)?
I don't think anybody would be in favor of saying coaches can't be sued. So that leaves the legislators and legal system to do their best to limit frivilous lawsuits without discouraging valid lawsuits. There is a balance to be found and right now I think most people agree it is tilted to allowing too many bad lawsuits and tying up too much time and resources of litigants. Reforms will have to come through the legislative branch (who are mostly clueless about a courtroom, not to mention the economy) because the trial lawyers will fight it every step of the way.
default
Member
I think these suits are relatively few and far between, with most parents just expecting at the very least that the League's insurance will pick up the tab on any medical bills. Of course, many organizations have too little coverage--in our particular case, our daughter broke her arm, but the ASA coverage held by our team didn't kick in until we'd dropped over $200 of our own money and only on whatever was not covered by OUR personal insurance--so I can see why someone might want to sue (although we just ate it).
default
Member
As far as the insurance goes, the ASA insurance is a supplemental policy and a $200 deductible would be pretty common or maybe even a bit low.
As far as the lawsuit, it is a risk everyone involved in coaching takes. For all the coaching that takes place, I think it is safe to say being sued is an anomaly, but if you are that one guy or gal that gets it, it changes your life. No citizens except those in congress are immune to the law of this land, but unfortunately, there are times when the laws are bent and twisted to hurt those who are innocent.
As far as the lawsuit, it is a risk everyone involved in coaching takes. For all the coaching that takes place, I think it is safe to say being sued is an anomaly, but if you are that one guy or gal that gets it, it changes your life. No citizens except those in congress are immune to the law of this land, but unfortunately, there are times when the laws are bent and twisted to hurt those who are innocent.
default
Member
Did this video state that it was the boy's parents that sued or was it the boy's insurance company?
Our insurance company wanted to sue my neighbor once, because our son broke his jaw in their yard.
Our insurance company wanted to sue my neighbor once, because our son broke his jaw in their yard.
default
Member
I think it is a bunch of craziness. If that was the case in any sport, what about the kid that gets hurt on the Football field on a friday night. seriously... fastpitch softball is a sport, it comes with dangers, if you as a parent, expect that your child "may" get injured and you are affraid of that, then don't let them play. Let them live in bubble wrap. There are measures that can be taken, face-mask's for infielders etc.
2 years ago, my DD was placing a a tag on a girl who failed to make an attempt to slide in a t 2B, they made contact, my DD felt a "pop" in her left hand, after going to the ER she had broken her left thumb almost at the base of her hand. we paid for it and covered it. NEVER, I MEAN NEVER would I have given a thought of sueing our team, coach, the other team, the softball program putting on the tournament in Dayton.
What is this world come to? Find a way to get rich and not have to work for it. Shameful!!!!!
2 years ago, my DD was placing a a tag on a girl who failed to make an attempt to slide in a t 2B, they made contact, my DD felt a "pop" in her left hand, after going to the ER she had broken her left thumb almost at the base of her hand. we paid for it and covered it. NEVER, I MEAN NEVER would I have given a thought of sueing our team, coach, the other team, the softball program putting on the tournament in Dayton.
What is this world come to? Find a way to get rich and not have to work for it. Shameful!!!!!
default
Member
Good stuff from the resident lawyer!! But did you really play for "BUSH"?????
Similar threads
- Sticky
- Greg Hansen
- College Softball - Websites, RSS, News
- By PJ Brown Special to
- College Softball - Websites, RSS, News