Last month there were two legal developments in California that may have a substantial impact on youth sports: felony assault and battery charges against a 15-year old high school water polo player for breaking an opponent's nose during a game, and a case allowed to proceed to trial next spring against the Pop Warner football organization because a coach failed to teach proper tackling. Not only are the events themselves notable, but the potential effects on purchasing insurance for youth sports could make those sports prohibitively expensive.
The 15-year-old facing felony charges is a student at Acalanes High School of Lafayette, California, who was playing against Bellarmine College Preparatory of San Jose, California. The alleged incident occurred away from the ball in play and resulted in a broken nose of the Bellarmine player, who required surgery. The incident was videotaped, and the videotape was provided to the police.
Arguments against prosecution were made by two Acalanes supporters who circulated a letter to "Water Polo Friends and Family" shortly before the charges were brought. The letter stated that the nose was "inadvertently broken," and that the offending player had already been disciplined with academic and athletic suspensions. It argues that "the criminal justice system is not the place to control and address issues...in any sport, which happen hundreds of times per year, when there is appropriate officiating and ruling infrastructure in place at the league and school levels. Not to mention the dangerous precedent it would set for high school sports in general."
The county prosecutors who brought the case were obviously aware of the above. However, they also had the advantage of viewing the incident on videotape, rather than having to depend on conflicting accounts of what happened. There is no evidence that they used anything other than their normal standards for bringing a felony case, which they are given the power to do in order to protect public safety.
In addition, the criminal case may not be the end of the matter. The victim would also have the option of bringing civil lawsuits for damages against the perpetrator and perhaps against the schools or the league.
The second legal development involved a case against Pop Warner, the youth football organization, which a Los Angeles state court judge said could proceed to trial next May. The case involved a 13-year-old boy who was allegedly improperly taught to tackle with his head and who is now a quadriplegic. His coach, a barber, has reportedly admitted that he did not view the tackling training modules provided by Pop Warner.
Because of the young age of the plaintiff and the cost of lifelong care, a verdict could amount to millions of dollars. Reportedly Pop Warner has only a $2 million liability policy.
The imbalance between the amount of insurance and the potential liability brings up a larger question. If youth sports begin to face more criminal and civil lawsuits like those above, will much more insurance be required than is now in place? If so, are schools and youth leagues in a position to fund the additional insurance?
