Frivolous Lawsuits in Sports….Could It Happen to You?

Frivolous lawsuits are everywhere and sports is by no means immune; it would appear that sports organizations are major “defendants” in the law world.  We have people call and want information on insurance because they are required to have it, not because they want it. As they say “We’ve never had a claim.”, “It wouldn’t happen to us, everyone likes our league.” or “We make everyone provide their own insurance so we are not responsible.” Wow! Simply WOW!  In the world today, it is not longer a question of IF you will get sued, it is WHEN you will get sued.  It is often not what you actually did or what you failed to do;  it is what someone perceives that you did or failed to do that will get you into the court room defending yourself or your organization.   As far as sports go, if you are involved at all, whether you are the coach, administrator, player, or volunteer, there is no other Option than to make sure that your organization has coverage to pay in case you need the defense.

Below are just a few examples of some lawsuits that will make you make you say HMMMMMM.

Rodney Carroll, coach of the 16 & under Brunswick (OH) Cobras baseball team, was sued for $2,000 by the father of his catcher after a 0-15 season in 1999. The grounds? Crummy Coaching View Source

Jason Abbitt sued the Vallejo (CA) Babe Ruth Baseball League for 80 percent of his signup fee in 2002 because he only played in 20 percent of the games.  He sought $65 — which came out to $65 for every hit he had that season. View Source

As featured in the American Specialty Companies Book – Liable to Laugh 2004

Two parents of players on opposing teams became involved in a fistfight during a youth soccer game. The loser of the fight (who also was the aggressor) filed suit against his opponet and the soccer league because of his moderately sever injuries.  He alleged that the soccer league was negligent because it failed to control his behavior when they realized, or should have realized, that he was “out of control.” The soccer league, by the was, was for 5 and 6 year old girls.

A minor claimant was playing in the outfield in a youth baseball league when he missed a fly ball that struck him in the face, causing facial fractures.  The parents sued the league and the coach, claiming that they knew or should have known that the claimant had sight problems and, therefore, should not have been allowed to play in the outfield.

What about crazy claims that never make it to the court room, such as…..

A lady wanted to file a claim stating that she was driving by a youth baseball game when a baseball came over the fence, through her back window, and hit her bird cage, therefore releasing her prized pet.

Deer Gets Revenge On Hunter

The hunter in this video had no idea what he was in for when he went deer hunting!  I wonder what kind of hunting liability insurance this white tail carries?

Fishing Liability Insurance Could Keep Anglers From Being Banned

Fishing Liability Insurance could be just the thing that keeps anglers from being banned from their favorite fishing spot.  The Daily Item in Sunbury, PA (Ken Maurer) reported that Anglers Get Railroaded, Often By Stupidity.  It seems that the parking area/access point to one of the favorite fishing spots on the Susquehanna River, known as “The Poor House”, is owned by Norfolk Southern.  Norfolk Southern has starting getting very strict about trespassing.  The police are even out there now fining people that are trespassing on the property. 

I can understand the point of Norfolk Southern because of the claims that they must see come across the Risk Management desk.  However, there are compromises that can be made.  My suggestion would be for someone from the fishing clubs to go to Norfolk Southern and approach them about using the property.  The standard liability limits are $1,000,000 per occurrence with a $2,000,000 aggregate. These are not expensive policies and Norfolk Southern can be added as an additional insured onto the policy.  You can also let them know that waivers can be signed and kept on file as well.   This is often the make it or break it of using the property of others, especially corporate or goverment owned.

This isn’t just a great idea to use this one access point or piece of property. It can be used for whatever piece of property or access point that the club would use. This will also protect the club itself in the event that you guys were sued. Frivolous lawsuits happen every day and it often isn’t until after something has happened that outdoors clubs realize that they need coverage. 

If you have any more questions about Fishing Liability Insurance, please call our office and speak to Salinda Howell, 800-622-7370 or just send over email.

Is a League Liable for Faulty Sports Equipment?