LAW

Clinic Liability Lessons

By Scott Aronowitz

“It’s all fun and games until somebody gets hurt.” If you are like me, you have heard those words of wisdom from your parents on more than one occasion. It was not until I started running an officiating camp that I realized how profound those words are. The experience of giving officials a quality service at a relatively low rate has been rewarding beyond imagination, especially when things go off without a hitch. Notwithstanding having to cease operations when COVID-19 shut down our site halfway through camp, we fortunately have experienced relatively few issues. However, we know Murphy’s Law is always lurking and with that, the reality of how much potential liability exists. Essentially, the reward does not come without preparation.

Liability with camps is a multilateral analysis; you are engaging not only the attendees, but also the host (we use a local college), and each requires mutual assurances. We live in a litigious society, so taking steps to protect yourself will allow you to focus on providing the best service possible. First and foremost, protect yourself personally by running the camp as a business (there are far too many options to discuss here, so you should seek counsel).

Insurance and assurance. The purpose of insurance is to transfer liability from the insured to the insurer. Both the purveyors of the camp venue and the directors of the camp want mutual assurances they will not be held liable should someone be injured during the camp. This is especially true when officials are engaged in physical activity; there is always the possibility of unintentional contact with a player, or a sprinkler head that inadvertently trips someone. Requiring attendees to be insured and sign a waiver will also help limit your liability. We provide NASO membership with our camp registration, so we know officials have liability insurance. In addition, your organization should also carry some type of insurance policy.

Be thorough and forthright. It is vital attendees know exactly what they are receiving in exchange for their money. You want to balance the enticement and appeal of your camp with the reality of what will take place. If you have a big-name guest from the NFL or college coordinators attending, announce that. However, do not misrepresent or embellish, and certainly never guarantee anything. Make it known attending this camp does not ensure anyone a spot on the conference staff, for example. It is best to avoid having to explain or clear up any ambiguities and open yourself up to a claim, so be thorough and forthright with both attendees and the host site to avoid surprises.

Avoid being a “social host.” Many states have social host laws, which impose liability for serving alcohol to adults. While it may appeal to your attendees to provide some adult beverages and unwind after a long day, you as the host of the clinic can be liable for any injuries caused by an intoxicated guest. Moreover, no amount of insurance or waiver will protect you.

The goal of hosting any camp or clinic is to provide a memorable experience for the attendees and to grow its reputation. Keeping everyone safe and yourself secure from possible liability ensures the opportunity to do so. Scott Aronowitz is an educator and attorney who lives in Orange Park, Fla. He has officiated high school football for 20 years and was a college referee for seven years. He currently works replay in the Collegiate Officiating Consortium. This column is intended for information purposes and is not legal advice. 

We live in a litigious society, so taking steps to protect yourself will allow you to focus on providing the best service possible.

Sue an Assigner? Not So Fast

Hesitation typically isn’t a good trait in officiating — but it’s a good thing if an official is considering suing an assigner over a demotion. Lawsuits are burdensome, costly and a last resort to be used when all other options have failed. If you’re an official suing over a demotion, it better be a big deal — and it better involve more than just second-guessing the judgment of the association.

A court exists not to secondguess your association, but to make sure your association followed its acts in a legal manner. If an official’s claim simply boils down to a plea that the official thinks he or she is better than the assigner or the association thinks he or she is, the official is wasting time. However, if the official is claiming the association took action in a manner that is illegal, a court may review the case.

Even when an official thinks an association acted illegally, the official must determine whether it’s worth it to sue. Generally, the wisdom of suing boils down to an economic assessment whether the odds of winning times the amount one can expect to win are less than the costs of suing. Only attorneys know the answer to that equation.

SOURCE: 8/12 LAW COLUMN

Assault Legislation

If your state is not among those with laws providing sports officials enhanced protection from assaults, NASO offers the following tips to lead the way in legislative efforts: 1. Involve your local association, including sharing model legislation found at NASO.org. 2. Circulate a petition. 3. Gather information about incidents in your state. 4. Get on the phone and internet to talk with legislators and set up meetings. 5. Follow up with lawmakers and keep reminding them you’re available to testify at hearings and are following their progress.

SOURCE: NASO.ORG

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Go to www.naso.org and click on member benefits for more on MICP.