Hey all,
President of my local rec league 250 ish girls in spring. Our goal first and foremost as a REC league is FUN, Safety, softball love, and development... followed by winning somewhere at the end...
I am pondering policy proposals to require pitchers to wear a facemask. 3rd base POSSIBLY... but pitchers for sure. My local GSSA boss lady says it hasnt happened nationally for youth purely due to litigation fears... that if they require the mask, if a girl is hurt while wearing it they will sue... which I think is pu**y.
I just cant think of a good reason for pitchers that this isnt required. Stud defensive player or not, a pitcher cannot react and defend her grill or melon from a comebacker... we have all seen the videos.. and that is mostly older kids that are developed defensively.. a 10 year old...? cmon.
The league will provide each team one for team use... do a bulk order to cut the price for the kids who want their own..
So. Why should I NOT do this?
Appreciate any insight!
First off, I'd like to know what actual examples exist in tort law of someone suing because they were not hurt as badly as they might otherwise have been because they were wearing a piece of mandatory protective equipment.
Secondly, there is a legal concept called "assumed risk". That means that what you're doing is dangerous, and you understand that it's dangerous. While that never trumps gross negligence, an assertion that reasonable steps to mitigate the risk should result in a claim that wouldn't normally be possible (absent gross negligence) doesn't seem logical or likely to help advance a lawsuit.
People are rightfully fearful of being sued, but sometimes, that fear trumps common sense. Consult a tort attorney for an opinion, and have a solid insurance policy. If the league does get sued, the insurance company defends you.