If a person allows their child to play or chooses to be a spectator, they should assume the risk. Everyone knows this American pastime involves bats and balls. A new concern has arisen for me. My son who played baseball for years is now umpiring the game. Does this put him and our family at risk? What liability do we have? Should we worry?
Here are a couple of recent cases:In March of this year a lawsuit was filed by John Coomer over a wiener! At a Kansas City Royals game last September, Coomer was sitting six rows up from the third base dugout and became the victim of a flying hotdog. According to his complaint, the Royals’ mascot, Slugger, used an air gun to shoot hotdogs into the crowd during a break in the game. Slugger, who was standing atop the third base dugout, then put down the gun and started throwing hotdogs from behind his back, so he apparently did not know where they were going. Coomer filed a battery claim and stated that the environment was not safe. Beware of flying fouls and flying franks!
December 2009, a woman from Barboursville sues Little League after daughter is injured when sliding into base. Plaintiff claims the breakaway bases were made for adults and not minors. She also alleges that the coaches did not demonstrated or instructed the girl on the safe way to properly slide into the breakaway bases so as to avoid injuries. When her daughter slid into second base, she suffered a broken leg. The breakaway base also allegedly did not break away as it was designed to do.
Most of the fans that come out to watch games do so because they love baseball and young children play for the same reason. But a few are looking for every opportunity to hit a grand slam jackpot at the expense of the team, its players or possibly the umpires.
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We live in a litigious society. If something doesn’t go your way, you must sue is the prevailing thought. Many of these lawsuits are frivolous, but some are not. Even some of the frivolous ones garner attention. Do you remember the hot coffee thing at McDonald’s?
Having said that, YES YOU SHOULD WORRY! You may not be held personally liable for your son while he is on the ballfield, but that won’t stop a lawsuit. How old is your son? Depending on his age there may be no possible way to attach a judgment to you, but again, a lawsuit can name you, him, the league, the park, the mayor, and anyone else they can think of!
If umpiring, he really needs to be covered under a good insurance policy. I work ASA softball and am covered with Bollinger insurance. There is a medical (excess coverage) of 250,000 and a liability of up to 5 million! I also have more coverage through my local umpiring association for almost the same limits. You can find other sources to insure your son if needed. Remember this, as an umpire he is considered an "independant contractor" which somewhat aims all liabilty towards him.
As an umpire there are many things he needs to learn that may help limit any problems arising. First, never, never, never, never touch a player! This includes "feeling the catcher" to find your position. I wrote it that way because that is how some may see it! If an injury occurrs, back up and let the coaches handle it.
Also, never touch the players equipment, except for inspection. If a bat is laying in the way near home plate, leave it alone! If you move it, and someone trips over it you have created liability!
Never tell a player or team that they "must slide" If they slide at your instruction and become injured, there agian is liability! There are NO rule sets that mandate a slide. They do mandate avoidance of a collision, and the slide is an option, but there are other options.
Do inspect equipment before the game. This would include bats, helmets, catchers equipment and game balls. At the plate meeting where lineups are exchanged, ask both coaches to verify that there players are properly and legally equipped. Many will say that won’t shift any burden away from the umpire, but I think it does. I always ask that becuase one thing I will not do is a "cup check" and I don’t ask about them either. That can be taken as an invasion on some mama’s precious little boy!
The best thing he can do is to FULLY learn the rules of the game he is calling. I know he has been playing for a while, but I will bet there are many rules he does not fully understand! Get in the book, attend clinics, play stump the ump with some of the veterans.
Umpiring can be fun. My son started at 15 and does a fair job. I have an umpiring friend that I met through umpiring in a different state who never had a job other than umpiring while going through high school and college! He has now graduated and had to get a job, but still umpires as well. It is possible to make 3 to 4 hundred dollars or so in a weekend tournament! Cash money!
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People can/will sue for everything. You can’t even lock yourself in your house to avoid lawsuits, some solicitor could come knocking and trip on your sidewalk and sue. There’s no escaping it. I’m paraphrasing here, but do you remember the line "there’s only 2 things certain in life, death and taxes"? Well, you can add lawsuits to that list now.
The simplest protection is insurance. But normally, I’d say coaches, umpires, players etc. aren’t generally the targets. Lawyers will go after the league, the county (or whoever owns the field), whoever has the deepest pockets. You should make sure you’re covered one way or the other.