In our league discussion this week, we considered a situation where a pitcher forgot to put on her mask (kids forget stuff), and the coach didn't catch it. If she gets hit, the league could be held responsible for the coach's mistake. Making it a "strong recommendation" leaves some wiggle room. That's our board's reasoning, anyway.
Say yes or no to the face mask?
- Thread starter Melchallengers
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In our league discussion this week, we considered a situation where a pitcher forgot to put on her mask (kids forget stuff), and the coach didn't catch it. If she gets hit, the league could be held responsible for the coach's mistake. Making it a "strong recommendation" leaves some wiggle room. That's our board's reasoning, anyway.
I guess I can see that, too. Need some lawyer types to chime in here!
- Feb 3, 2011
- 1,880
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Technically, you're correct - a league 'sanctions' its own games and other activities. But think larger scale, like ASA, Little League, or other generally recognized governing body.
Sure, a youth league could make a prima facie case that they acted on good faith and in the best interests of their players in setting this mandate, but many of us here have consistently maintained that it would be a more prudent course of action to ensure that any required equipment carry an NOCSAE certification.
Greenmonsters
Wannabe Duck Boat Owner
I'll play the lawyer type for a minute. One of the issues is that there is no "standard" for fielding face masks. During pre-game equipment inspection the umpires check for legal bats, but they are also checking batting and catching helmets to make sure that they bear a certification stamp (and are damaged). That certification is provided by NOCSAE - the National Operating Committee on Standards for Athletic Equipment. NOCSAI does not certify fielding masks and no similar performance standard exists for fielding masks, which can create a potential liability problem for those requiring their use. Although intuitively a Rip-It or Shutt etc face mask will provide more protection than a Halloween mask or no mask at all, a product liability lawyer could have a field day with a league or org who requires the use of an uncertified mask in the situation where a kid still gets hurt while wearing a mask (without taking into consideration that the injury probably would've been worse if they hadn't been wearing the mask).
Legal Disclaimer - blah blah blah not my fault blah blah blah
Interesting Wiki summary on NOCSAE at this link: National Operating Committee on Standards for Athletic Equipment - Wikipedia, the free encyclopedia
Legal Disclaimer - blah blah blah not my fault blah blah blah
Interesting Wiki summary on NOCSAE at this link: National Operating Committee on Standards for Athletic Equipment - Wikipedia, the free encyclopedia
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Excellent point, GM. This is why our league's position of "strongly recommended" makes more sense (to me) than a mandate. However, now I'm thinking that we should maybe leave choice of mask up to the parents, rather than making them available alongside catcher's gear.
- Feb 7, 2013
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- 48
Good stuff. Different scenario: pitcher wants to use a mask but the organization (travel ball or college) will not allow a player to pitch with a fielding mask on (see my earlier post) and that player gets a serious facial injury from a batted ball? Any liability for the organization?
Greenmonsters
Wannabe Duck Boat Owner
I'd worry about liability if the organization (or the org's officers) had assets.
Legal Disclaimer: blah blah blah i am not a lawyer so my advice is worthless blah blah blah
But did you sleep at a Holiday Inn Express last night?
I concur with your assessment of the situation.
OK, I asked an attorney friend about this exact scenario:
"I'm not an Ohio lawyer, but I did a quick search of the Ohio case law and it appears that the league and coach are safe.
The rule is that when someone participates in a recreational sports activity, they assume the risk of suffering the injuries ordinarily associated with that sport. In order to recover, they have to prove that the defendant acted recklessly or that the injury was intentional.
Some plaintiffs have tried to argue that they aren't suing for the act that caused the injury, but rather for the negligent supervision that led to the act. However, the Ohio Supreme Court said:
"Whether the activity is organized, unorganized, supervised or unsupervised is immaterial to the standard of liability." (Marchetti v. Kalish (1990) 53 Ohio St. 3d 95.) In other words, there is no claim for negligent supervision. That same case referred to an Illinois case where the court specifically held that the standard is not changed, even if the source of the injury is the violation of a safety rule. (Keller By & Through Keller v. Mols (1987) 156 Ill. App. 3d 235, 237.)
You also have the fact that the girl is the one who forgot to wear the mask. That's contributory negligence.
So, unless the girl told the coach that she forgot her mask and the coach forced her to go out and pitch without it, there is no case."
This is for Ohio, YMMV.
When dealing with liability for an organization the question is not just if you would or would not prevail in a lawsuit. The question is how likely is the possibility of litigation and how much will it cost? Most local softball organizations have minimal financial resources that would quickly be depleted fighting any lawsuit well before an outcome would be realized. And that is if the suit is filed against the organization itself and not the Directors as individuals.
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