Chapter 3 The Law of Sports Injury

The Coach The coach is typically the first person at the scene of an injury. The coach’s decisions and actions are critical. Inappropriate decisions may jeopardize the athlete’s health and result in legal action.

The Coach A recent study of high school coaches found: A significant percentage of coaches lacked adequate first aid knowledge. During a close game, a conflict of interest arose when a starting player was injured.

Concept of Tort Tort: “harm, other than a breach of contract, done to another for which the law holds the wrongdoer responsible” Is there an easier way to say this?

Negligence Negligence: A type of tort defined as “the failure to do what a reasonably careful and prudent person would have done under the same or like circumstances, or doing of something that a reasonably careful and prudent person would not have done under the same or like circumstances”

Negligence Commission – acting in an improper way Omission – failure to act The Four Elements of Negligence: 1.Duty 2.A breach of duty 3.Proximate or legal cause 4.Damage

Other Terms Relating to Tort Cases Be able to explain the following: Contributory negligence Comparative negligence Assumption of risk Act of God (act of nature)

What Is Your Liability? Doctrine of sovereign immunity does NOT guarantee immunity for coaches. Coach must use reasonable care to avoid creating foreseeable risk of harm. Coach should have a legal contract that outlines specific coaching duties.

What Is Your Liability? Potential liabilities for coaches include: pg 36 Failure to provide competent personnel, instruction, and proper equipment. Failure to warn or supervise. Failure to treat an injured athlete properly. Failure to ensure that an athlete is ready to participate.

Break up into groups of 4 You will put together a short skit that helps to explain Tort or negligence. This has to be sports related and must get the meaning across. You have 10 minutes to get this done

Are You Protected? Coaches need to be vigilant regarding risks to athletes. Coaches should acquire liability insurance. Determine if employer provides liability protection for coaches and staff. © Photodisc

Steps to Avoid Legal Action To reduce the chances of going to court, coaches should have: A written contract. First aid/CPR training. An emergency action plan. Parental consent forms for those under 18.

Steps to Avoid Legal Action Pre-participation physical exams. In-service seminars. Inspections of facilities/equipment. Effective lines of communication. Proper injury documentation.

If You Get Sued First - Call your insurance company and your lawyer. Write a detailed description of events related to the incident and obtain signed statements from witnesses. Make NO statement to the media or other parties without getting legal counsel.