UNIT 1 Chapter 3 Sports Law

Who’s often on the scene 1 st ? THE COACH Inappropriate decisions and actions may jeopardize the injured person and lead to legal action Several reasons for an increase in the number of lawsuits –Increase # of participants –Greater visibility through the media –Rising expectations regarding legal negligence –Improved accessibility of legal services

Concept of Tort Tort – harm other than a breach of contract done to another for which the law holds the wrongdoer responsible –Cases with athletic injury generally seek to recover $$ to compensate for damages –To prove a tort you have to prove someone negligent

Negligence Type of tort, failure to do what a reasonable careful and prudent person would have done under the same circumstances –Act of commission acting in an improper way –Act of omission failure to act –Should the coach have anticipated the risk to the injured player?? Foresee ability –Tort claims – go for the deepest pocket

Elements of negligence **all must be present to be found negligent** Duty Breach of duty Proximate cause Damage obligation failure to conform to the standard required connection between conduct and injury actual loss

Defeating negligence Contributory negligence – plaintiff found as part of or totally responsible for injury Comparative negligence – plaintiff receives partial compensation on prorated basis dependant on extent of contributory negligence Assumption of risk – plaintiff assumes responsibility for injury; failure to warn athlete of danger as been found to constitute negligence Act of God – factor beyond defendant’s control

Negligent actions by coaches Failure to provide competent personnel Failure to provide instruction Failure to provide proper equipment Failure to warn Failure to supervise Moving/improperly treating an injured athlete

Good Samaritan law protect citizens who voluntarily provide 1 st aid

Reduce your chances of going to court by having the following: Written contract CPR 1 st aid Emergency plan Parental consent Comprehensive PPE Documentation Attend in-services Periodic inspection of facilities Develop and maintain effective lines of communication