Bears' Kyle Long booted from Deerfield High field

Discussion in 'Chicago Bears' started by The Benjamin, Jul 17, 2014.

  1. soulman

    soulman Pro-Bowler
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    I think they meant only students and staff and then only during school hours. Even students and staff can't use them at their convenience unless it's a school sanctioned event after school.

    If it's the same basic idea as the local HS here essentially no member of the general public is ever able to use their sports facilities anytime unless they have express permission do so and since it's very unlikely they'll grant permission it pretty much means never.

    I could be wrong but I still think that's what it means though I agree that how they manage to enforce that edict after school or on weekends is a mystery. Maybe they have private security people doing it or the police would enforce it with a summons for trespassing.

    But it was pretty cool of Kyle to just apologize and bail. He's not the NFL diva type so that doesn't surprise me.
     
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  2. Jimmors

    Jimmors The Rhymenoceros
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    Liability was probably born because of Insurance companies. Whenever someone gets injured, insurance has to pay for it, so of course they are going to want to put the blame on somebody else, so THEIR insurance will have to cover the costs. Its the same reason you have to be in a wheelchair when you are discharged from the hospital, if you slip and fall on the way out, then the hospital has to cover those costs, making them liable for your new injury.
     
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  3. Ski-Whiz

    Ski-Whiz George Halas
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    I know more and more schools are being used as Churches around here, and in some other states.

    It just cracks me up.

    As for Kyle, yeah, I agree. Very classy of him to just apologize and leave.
     
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  4. Ski-Whiz

    Ski-Whiz George Halas
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    The wheelchair is a prime example!! lol

    But if I slip on the way in, they aren't liable?

    To me, if it's their fault because they mopped the floor and didn't put a sign, then yes. If my dumb ass didn't pay attention, it's on me.

    I guess I'm just not looking for handouts. lol So the liability thing doesn't completely make sense to me.
     
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  5. DavidL

    DavidL Pro-Bowler
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    I've never had a problem running on our H.S. track even during school hours. Their only requirement is that I run on the outside lanes because the two inside lanes get most of the wear. I can see where they would have a problem with running on their grass field for reason Loki mentions.
     
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  6. riczaj01

    riczaj01 DaBears Ditka
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    This is much ado about nothing imo. If he had contacted the school ahead of time let them know who he was, and what he was looking to do, and since it was against policy would be willing to do something in return for the exception, none of this would have happened.
     
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  7. Bearstuff

    Bearstuff Yes, in the woods.
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    Both Long and Deerfield handled this properly. Cool story.
     
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  8. soulman

    soulman Pro-Bowler
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    No fence is mentioned so I think we can assume none existed. Most practice fields around me aren't fenced. Just the playing fields. If he'd asked permission he would probably have been denied it based on their policy. So from all of that it looks like he just walked on the field to do some sprints on some real turf.

    I think it is stretching it Jimmors. I'm no attorney but I've hired enough of them and worked around plenty. You can sue anyone for anything but many lawsuits have no substance under law and get dismissed before they ever get to court. IMHO the Bears have no cause for an action if Kyle used those premises on his own and without permission. They're once removed and have no case. In effect Kyle was trespassing so that alone constitutes an illegal act on his part and that alone would damage his case if he were to sue. As for the Bears, while they may have suffered damages, I don't see anything they can reasonably hope to build a case on.

    Now if Kyle gets permission and is injured due to some fault or flaw in the field that created a hazard he was unaware of he might have a case himself but even then the Bears tort is questionable. With no permission his trespassing comes into play and that limits the schools liability. Even with the schools permission, which would definitely increase their liability, they would have had to have created and had reasonable knowledge of a hazardous situation and either forbid him to use the field because of it or at the very least forewarned him about it. Then if he goes out an injures himself they have a defense.

    It's pretty tough to win a lawsuit over your own actions or clumsiness unless the other party created a hazard you couldn't have known about. JMHO.
     
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  9. soulman

    soulman Pro-Bowler
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    Overall you make a good point here but this is not universally true. I've walked out of a good many hospitals under my own power. It really depends on both the situation and the hospital.

    But regardless of all this I'll just go back to repeating what I said previously. You can file a lawsuit for nearly anything but that doesn't mean it will get you anywhere. If it's found to be frivolous it'll get dismissed by any judge in a NY minute and the plaintiff could end up paying the defendants legal costs.

    Even if it's not found to be frivolous the courts don't want to try civil suits so they expect the parties to settle and they'll often issue pretrial judgments that can mitigate or even eliminate most or all of a defendants liability.

    The perception of liability in this case is far greater than the actual or potential liability. Kyle Long is a highly conditioned pro athlete and he would be held to a higher standard than John Q. Public as far as knowing and understanding whatever risks he was taking to train there.
     
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  10. JustAnotherBearsFan99

    JustAnotherBearsFan99 Assistant Head Coach
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    We live 3 blocks from a school. My kids grew up often playing pickup football games on their property with their buddies, over the past several years .....going back to when they were little guys (they'd even have games in the snow there in the winter). A few winters ago, when my kids were high-school age, after a BIG snow, the guys went down there to play football. After a bit of time one of the guys came back and politely asked me for a snow shovel. I thought that was a bit weird, but I gave him our shovel and the kid trudged off through the drifts towards the school with my shovel.

    About an hour later, my son came home alone (I also noticed that our car was missing). My son told me the car was "stuck" on the football field in a snow drift. I about had a stroke, and went to the school and sure enough - there were a bunch of my son's buddies ferverishly trying to dig our car out.

    At that moment the school principle arrived.

    I thought we were all dead meat. So I told my son to explain it all to her (I was in a state of shock at this point). The principle was a really nice lady who knew all of the boys, including my son. My son explained to her what had happened, and I told her I would get a tow truck to get the car out of there ASAP. Instead of going ballistic, she just asked my son if everyone was all right (nobody hurt) and when he said they were all fine, she gave my son a hug and said no problem. And away she went.

    A lot of schools would have probably called the police on us. I'm thankful this lady was pretty understanding. We got the car out of there, and no harm to the school, the kids or the car.

    It's too bad that we live in a time where everyone is suing everyone and a guy like Kyle Long can't run on the grass at a public school. It seems kindof crazy how times have changed. That principle at our school would have probably have just told Kyle to have a great season, and went on her way - and maybe asked for his autograph :-)
     
    #20
    Last edited: Jul 18, 2014
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