Risk Management Legal Issues in Teaching Judo

Introduction: Less than 20 years ago Judo teachers seldom gave a second thought to the possibility of becoming involved in lawsuits related to their teaching efforts. However, the fear of becoming involved in Litigation is a common theme with instructors in other sports.

Litigation Teachers are increasingly becoming involved in litigation (lawsuits) every year. Not necessarily because teachers are becoming more careless in their duties. But because the court systems have been redefining what those duties include.

The Legal Responsibilities The Legal Responsibilities of the instructor has been expanding in recent years. The requirements for meeting those obligations have become quite complicated. The vast majority of litigation dealing with instructor’s involves negligence.

Legal Implications NEGLIGENCE Negligence is the failure to exercise a reasonable or ordinary amount of care in a situation that causes harm to someone or something. Further, negligence is any conduct which falls below the standard of care established by the courts and professional practices and standard for the protection of others against unreasonable risk of harm.

Contributory Negligence Did the Individual contribute to the negligence by his/her conduct?

Comparative Negligence What percentage of the negligence can be attributed to the individuals participating?

Liability in Negligence Does the law recognize liability in this kind of situation? Was the Judo Instructor careless; i.e., did his/her conduct fall short of the requisite standard of care determined by the court? Did the Judo Instructor carelessness in fact cause the damage or injury? To what extent is the Judo Instructor at fault?

Damage Is essential in negligence In Judo, damage is almost always defined as physical injury. Plaintiffs - (those who allege damage ‑‑ usually the parents of an injured athlete) Must show that the damage was caused by the instructor (defendant's) carelessness (negligence).

Damage The question is not whose act, but whose carelessness caused the damage. Secondly, the damage has to be linked to the defendant. The predominate test used to determine negligence is FORESEEABILITY to damage. It is what a court, reviewing the event later, considers to have been foreseeable in order to do justice in the case before it.

Defenses Against Negligence Failure to prove all elements of negligence Law recognizes responsibility? Was the Judo Instructor careless? Standard of Care Did the Judo Instructor CARELESSNESS cause the damage or injury? To what extent is the Judo Instructor at fault.

Liability In negligence 4 elements and requires affirmative answers to four basic questions 1. Does the law recognize liability in this kind of situation? The law must recognize that a duty to conform to the requisite standard of care established by the court(s) and/or the Judo teaching profession exist to protect others (usually athletes) against the kind of harm in question.

Elements of Negligence con't In other words, did the instructor have a recognized duty to protect the athlete? Example ‑A beginning Judoka is taught Juji-gatame and dislocates her partner’s elbow. The coach believed the student should learn this type of technique to keep her interested in the Sport.

Elements of Negligence con't 2. Was the instructor careless; i.e.. did his/her conduct fall short of the requisite standard of care and come within the scope determined by the court. Once the court has determined the instructors duty. It can then assess whether or not the instructor breached his/her duty.

Elements of Negligence con't The breach can either be due to careless performance or careless absence of performance. Example ‑The Judoka was regarded as an outstanding athlete. Her practice attempts at Juji- gatame that caused the injury were regarded as outstanding by the teaching staff.

Elements of Negligence con't 3. Did the instructor carelessness in fact cause the damage or injury? The court must recognize that the instructor’s action or lack of action was the proximate cause of the injury. Example - The athlete's attempt at Juji-gatame did not allow her to execute the armbar correctly. However, the judoka was probably too inexperienced to know what was required for the specific technique.

Elements of Negligence con't 4. To what extent is the Instructor at fault? The court must determine whether or not there is a reasonable proximate causal link between the breach of duty (carelessness) and the actual harm or injury. Example ‑ In the situation just described, the Judoka begged the instructor to allow her to learn some type of unique move. The instructor fail to tell the student that the move was very dangerous and illegal in tournament competition for beginners.

Elements of Negligence con't The plaintiff must prove ALL elements of negligence in order to win a case against the defendant. If one of the four elements is not proved. the plaintiff will lose the case. Therefore, it is necessary for the defendant's attorney to prove that one or more of the elements of negligence is absent from the case before the court.

Risk Management Assumption of risk Willingness to expose oneself to certain predictable inherent risks. Inherent to the activity Must know, understand, and appreciate the risk being voluntarily incurred.

Legal Responsibilities Welfare of their Athletes Include the teaching of skills, values, and knowledge that will allow young athletes to safely participate in practice and in tournaments.

Accountability Instructors are also accountable for the supervision of their athletes. Pre‑class Intermission/break Post class activities that are commonly associated with Judo club social events.

Teacher Responsibilities Knowledge of a instructor’s legal responsibilities can serve two useful purposes. The most important of these is that such information provides a potent stimulus to discharge one's duties in a diligent manner, ever mindful that carelessness provokes situations that could induce injuries. The second purpose is that if instructors have used every possible precaution to prevent injuries, they are in a good position to defend themselves against litigation. 11 categories of Instructor Responsibilities

Legal Responsibilities of the Judo Instructor The Judo Instructor must provide adequate supervision adequate and proper equipment appropriate warnings of risk a safe environment proper instruction proper records adequate and proper planning appropriate emergency procedures and first aid training appropriate risk management

Adequate Supervision Definition: You are in charge Responsibilities: 1. Specific Is instructional in nature and directed toward the actual teaching or instructing of the activity. 2. General Maintain visual and auditory contact with individuals and areas.

Adequate and Proper Equipment Definition: You must provide individual with the best equipment for the greatest degree of safety. Responsibilities: You must be diligent in the selection, distribution, use, and repair of equipment. Example: Inadequate cushion of Judo Mat

Appropriate Warning of Risk(handout) Definition: A warning is any statement that informs one in advance of impending or possible harm or risk. Responsibilities: You must do whatever can be done to assure that the Individual know, understand and appreciate the activity in which they are involved. This information then permits them to know, understand, and appreciate the risks involved in participation. Example: Waiver of Participation (Handout)

Appropriate Warning of Risk(handout) Example: Waiver of Participation

Maintaining a Safe Environment Definition: Inspect and correct any problems with the facilities, apparatus, or equipment used by your students. Responsibilities: Correct any problems detected or notify the person having the authority to correct the situation.

Proper Instruction Definition: Instruct the activity in a manner that will reduce the likelihood of injury. Responsibility: Instruction in: Mechanics of the activity Progression in learning

Risk Management Necessary Forms Agreement to participate Consent and Release (Waiver) Written guidelines or policies Provide written information regarding the potential injuries that can occur in the activity.

Responsibilities of Personnel The Judo Instructor should have the current informational, instruction, and illustrative materials dealing with teaching Judo. Possess certification in Teaching or Coaching or have proof of successful completion of professional competencies. Proper first aid and CPR. Record all the facts surrounding the injury. Complete a full report of the accident, make a record of the conditions in the workout area. Avoid speculation about why the injury occurred or who caused it. Do not suggest fault or wrongdoing on the part of anyone. The Judo Instructor should never assume duties beyond their level of competence.

Maintaining Proper Records(handout) Proof is often needed in court to defend against alleged negligence It is essential for maintaining and retrieving data about injuries. Records that should be kept Injury reports Instructional plans Waiver forms Copies of all certifications held by the Instructor

Adequate and Proper Planning Plans must be reasonable, well thought out, and based on past experiences and readiness of the individual. The plan should contain properly written performance objectives and document a logical sequence and progression. Written Lesson Plan USJF Teachers Certification Course

Adequate Evaluation for Injuries and Incapacity The Judo teacher should be aware of each individuals physical condition. No individual should be allowed to participate after a major injury until a doctor's release is obtained.

Appropriate Emergency Procedures CPR and/or First Aid Safe Sport: www.safesport.org CDC HEADS UP (Concussion) to Youth Sports: Online Training