HOW TO GET ON THE “JUDGE JUDY” SHOW

Disclaimer Please understand the purpose of this presentation and handout is educational. Nothing in either should be construed as specific legal advice for a particular situation. Sound legal advice requires an understanding of all the facts of a particular situation, something that cannot occur in an educational setting.

Goals of Workshop  To review some of the most recent sport incidents to determine if liability exits and therefore potential court appearances  To apply this information to school athletic teams to avoid appearances in court  To answer participants questions concerning incidents that cause them consternation or potential personal liability exposure

Determining Liability  Duty of ordinary care foreseeable “known or should have known”  Breech of that duty doing something you shouldn’t have not doing something you should have

Determining Liability  Damages or injuries occurred to the individual to property  Proximate cause natural and continuous sequence of events with no casual element Interrupting sequence and nothing outside the chain of events impacting cause and effect

Schools Responsibility  Duty to Provide Proper Instruction Each school must instruct the participants and coaches/supervisors as to the activity/sport rules and regulations and disciplinary consequences for misbehavior Duty to Keep Records-Document

Schools Responsibility  Duty to Provide Safe Environment Equipment must adhere to current rules and regulations Sports equipment must undergo proper maintenance and repair to ensure player safety  Duty of Warn Participants, parents/guardians must be warned that accidents and injuries may occur during sport participation

Schools Responsibility  Duty to Transport  Duty to Provide Proper Health Care This includes but is not limited to making sure athletes have current physicals, are protected by accident insurance, have first aid services available when needed, are provided proper physical conditioning.

Schools Responsibility  Duty to Instruct Each school must instruct the participants and coaches/supervisors as to the activity/sport rules and regulations and disciplinary consequences for misbehavior Duty to Plan

Schools Responsibility  Duty to Keep Records Each school must maintain on file periodic activity site inspections, accident reports, repair work requests, disciplinary action reports, witness statements, activity rules and regulations as a record of the entity’s effort at maintaining a safe activity. Participants accident records should be kept on file until the student’s age is twenty-one.

Schools Responsibility  Duty to Protect Student Rights This includes but is not limited to school rules, district rules, state rules and federal rules.  Duty to Enforce Rules  This includes team rules, training rules, sport specific rules, safety rules and school district rules applied to sports.  Duty to Match Competitors  Mismatches due to size and ability cause many injuries in sports.

Case #1: The Missing Helmet  Coach Able is head coach of the Triapolois High School FB Team. On Friday night, Cyd Shepard suffered a head injury and was taken by ambulance to Triapolois Tri County Hospital. Cyd was diagnosed with a subdural hematoma and operated on that evening.

Case #1: The Missing Helmet  The following day the Triapolois athletic director asked coach for Cyd’s helmet and the accident report detailing what the coaches did in caring for Cyd prior to the EMT’s arriving on the scene.

Coaches Report—page 1  Cyd complained of headaches at the end of the 1 st quarter but Coach Wright said Cyd was ok and sent him back into the game?  Triapolis H.S. 1 st Aid procedures were followed  Coaches gave way when EMT’s arrived

Coaches Report—page 2  Cyd’s helmet remained on his head as he left the field in the ambulance  Cyd’s father went with an asst. coach to hospital  Coach Able will go to hospital on Monday to collect Cyd’s gear

TIMEOUT! Remember:  Helmets are designed to prevent skull fractures and skin injuries  Helmets are not designed to prevent all concussions  Helmets are only as good as their fit and upkeep

Would Coach Able get on the Judge Judy Show?  Was there a Duty to the player?  Was the Duty fulfilled?  Was there damage?  Was there negligence?  Was the damage due to negligence?

Case #2: Field Safety 1.Grass Fields 2.Fences-fabric and Topping 3.Track & Field Venues 4. Off Season Use

Turf Fields The newly installed turf field has seams showing along the outside which presents a potential trip and fall hazard. George Green, director of maintenance says this is the responsibility of the installer. What is next?

When in Doubt  Ask  Ask ahead of time  Don’t be a “Lone Ranger”

So Why the Fuss? 1.Checkbook 2.Deed to your house 3.Title to your car 4.Loose change 5.Kid’s piggy bank 6.School District at Risk

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