The Standard of Care in Sports and Physical Activity Chapter 14

Supervision Supervision can be defines as the quantity and quality of control exerted by teachers or coaches over the individuals for whom they are responsible Careful supervision can prevent injuries so improperly doing so can be considered a contributing factor to negligence Qualitative is how good the supervision really is This is a far greater legal concern than quantitative because it views what the person actually did Quantitative supervision is the amount of supervisors that are there. This is purely administrative and seldom the source of lawsuit itself

supervision Instructors and coaches are responsible for two types of supervision: general and specific General supervision Requires an overview of the entire group The coach or instructor must keep all of the participants within sight, be alert for dangers or deviations from accepted procedure and be alert and ready to intervene quickly and resolve any problems Specific Supervision When problem or dangers are noted, this form of supervision is used Refers to the direct interaction between the teacher coach and one or more students This is used when a dangerous situation is observed, theres a deviation from the procedures, or a student needs additional assistance or attendance This doesn’t mean that the supervisor does not need to maintain general supervision over the whole group

Supervision Respondent superior is When employers or supervisors are held responsible for the work related actions of their employees The in this situation the employers face a form of vicarious liability where their legal responsibilities to supervise, and within reason, to control the actions of their employers place them in the position of being to some degree indirectly responsible fro an incident over which they had direct control

Management Guidelines: Supervision Take all reasonable steps to keep supervisory/instructional skills and certifications at the highest possible level Organize the participants to facilitate effective supervision Move about the area and make sure everyone is in direct line of sight Don’t leave individuals or groups unsupervised Establish, post, explain, and enforce general behavioral and safety rules for the gymnasia, fields, locker rooms, and all areas where activities may be conducted

Management Guidelines: Supervision 5. Secure facilities and equipment when not being used Accessible gym equipment, fitness centers etc present an invitation to dangerous activity and can be viewed as a type of attractive nuisance. This imposes an obligation for the supervisor to properly limit their accessibility 6. Be prepared to render immediate and effective first aid when necessary 7. Develop emergency procedures to be followed in the event of an accident or injury 8. Remember that supervisors must maintain control of their classes or teams and spectators to guide their actions and to detect and correct inappropriate behaviors

Selection and conduct of the activities Courts accept the concept that no activity is inherently unsafe in and of itself Then question is then asked if the participant was physically, mentally, and emotionally ready for the demands of the activity so they could perform it safely The coach must be prepared through appropriate forms of skill testing, progression, and successful lead up activities to document the fact that the injured participant was equal to the demands of the activity

Management Guidelines: Selection and conduct of the activities Allow only activities that are within the reasonable ability levels of the participants Learning and perfromance readiness varies from one individual to the next Thorough planning of leqasons and practices is essential both to success in learning skills and to legal defensibility in the event of a lawsuit All activities should contribute to the educational objectives of the program Prepare alternative plans for activites that are subject to weather conditions or frequent uncontrollable modifications

Management Guidelines: Selection and conduct of the activities Develop routine procedures for excusing students or athletes from class or practice due to medical complaints or injuries If a participant expresses strong fear, insecurity, or reluctance to participate, don’t force the issue Provide any and all protective measures and devices appropriate to the activity and require their routine use In contact sports, carefully organize the group to reduce the likelihood and extent of mismatch situations Not all risk can be eliminated

Environmental Conditions Even a well designed and carefully supervised activity can prove unsafe if you fail to properly control factors related to the environmental conditions We need to recognize environmental conditions that put participants at risk. This is known as the concept or notice Constructive notice is the routine checking of equipment before use Actual notice is when a defect has bee brought to the supervisors attention

Management Guidelines: Environmental Conditions Begin each day with an inspection of the facilities and equipment to be used If environmental hazards are detected but cannot be immediately corrected, take actions to isolate the area or equipment until repairs can be completed Teach the participants to perform basic safety inspections of the equipment they’ll be using and require them to do so as part of their daily routine Don’t allow running activities to be conducted on a slippery or badly uneven surface When selecting equipment or playing areas, be sure that they meet or exceed applicable safety standards

Don’t Forget the Spectators It is important for program, event, and facility managers to realize that their duty to provide a reasonably safe environment and experience encompasses not only the participants but spectators, and to some degree passersby as well When there is a threat of violence, or an intense rivalry increased preparation of crowd control needs to be considered When there is a lawsuit form a stray hockey puck or ball the legal focus will most commonly revolve around assumption of risk and the limited duty cycle In general spectators cannot recover from injuries which result from ordinary and foreseeable risks associated with the sport they are viewing which result from ordinary and foreseeable risks associated with the sport they are viewing when the provider has met their duty of care