PE 254

Negligence The legal claim that a person failed to act as a reasonable and prudent person should, thereby resulting in injury to another person.

Negligence Four factors must exist for negligence to be proven: Presence of a duty (such as providing supervision of a class) A breach of the legal duty of care (failure to act as a reasonable and prudent person would under similar circumstances) Proximate cause of the injury (the action or failure to act caused the subsequent injury) Substantial nature of the injuries (the extent of the injuries)

Negligence Legal defenses against negligence: Assumption of risk: Knowing, understanding, and appreciating the risk associated with a chosen activity. Contributory negligence: Behavior by the plaintiff that contributed to the injury. Comparative negligence: Apportions (divides) damages between a negligent plaintiff and a negligent defendant who each played a part in the injury.

Negligence Avoiding negligence: General supervision: action required whenever activity is occurring by those for whom the person is responsible. Specific supervision: mandated action required whenever a higher level of risk is associated with the activity of the persons for whom the adult is responsible. Actual notice: refers to the removal of known hazards by a responsible person Constructive notice: Refers to hazards that a responsible person should have noticed and eliminated.

Negligence Several other steps to avoiding negligence: Provide proper and clear instructions. Ensure each participant’s fitness, conditioning, and ability levels are appropriate to the expectations. Enforce safety rules and regulations. When injuries occur, the supervisor must respond appropriately. Do not use inadequate, ill-fitting, or defective equipment. Only qualified individuals should supervise physical activity.

Negligence To understand the extent of your obligations to clients served, consider these example questions: What are your obligations to a person who will be participating in a cardiovascular fitness test that involves a submaximal treadmill run? As a personal trainer, what are your legal responsibilities for the welfare of your client who is participating in a strength training program?

Agreement to Participate A signed acknowledgement of a participant’s knowing, understanding, and appreciating the risks associated with an activity. Note: This is not a waiver form.

Tort Law Tort: a French word for wrong; a private or civil wrong or injury, other than breach of contract, suffered due to another person's conduct. Tort law: a part of the civil law that provides remedies for acts that cause harm; therefore, injured parties may file civil lawsuits in an attempt to seek compensation for their injuries.

Types of Torts Intentional torts: injuries caused by intentional acts. Negligence: harm caused by careless acts or failure to perform a legal duty. Strict liability: requires the person causing the harm to compensate the injured party without regard to fault.

Group Activity You own a fitness center. A male client, approximately 24 years of age, sues your fitness center for negligence because he claims that one of the barbells caused his injury. His claim: While he was performing a shoulder press with the 25-lb barbells, one of the barbells came loose and fell on his right shoulder during the lift. Although the client reported the incident to the manager on duty, he decided to sue your facility for causing muscle and nerve damage to his right shoulder.