Personal Injury Law

The Ref is a Jerk! Can I Sue?

By John Day

My daughter was hurt in a soccer game because the ref refused to reign in a reckless player on the opposing team.  Can I sue?  My son is devastated because he was improperly called out on strikes by a blind umpire.  Can I sue?

Setting aside the merits of these complaints, or the wisdom of pursing such a claim, Tennessee law gives a relatively high level of immunity to sports officials.  Under T. C. A. Section 62-50-201, a ''sports official' means any person who serves as referee, umpire, linesperson or in any similar capacity in supervising or administering a sports event and who is registered as a member of a local, state, regional or national organization that provides training and educational opportunities for sports officials."

Section 62-50-202 provides that "[a] sports official who administers or supervises a sports event at any level of competition is not liable to any person or entity in any civil action for damages to a player, participant or spectator as a result of the sports official's act of commission or omission arising out of the sports official's duties or activities."

Section 62-50-203 limit Section 202 and says that "civil immunity [is not granted] to a sports official who intentionally or by gross negligence inflicts injury or damage to a person or entity."

Thus, under Tennessee law, a person trying to sue a ref has a very difficult hill to climb.  Indeed, absent intentional conduct or misconduct under the influence of drugs or alcohol, I have a difficult time imagining how a claim against a ref would ever survive a motion to dismiss.

Full post as published by Day on Torts on February 03, 2010 (boomark / email).