Legal Lecture 3

INJURY PREVENTION AND LEGAL LIABILITY In sports and recreation there are inherent risks Assumption of risk-when one competes or partakes in sports they must assume some risks, but these must be “normal “ risks.

Coach’s Liability The coach must use reasonable care to avoid a foreseeable risk of harm to others. Coach’s decisions and actions at the time of injury are critical to the welfare of the athlete Inappropriate decisions and or actions may jeopardize the injured athlete and lead to legal action

Legal terms Tort -harm done to another for which the law holds the wrongdoer responsible. Negligence- Failure to do what a reasonably careful or prudent person would have done under the same or like circumstances or conversely doing something that a reasonably careful or prudent person would not have done under the same or like circumstances.

Negligence Act of commission – acting in an improper way Act of omission – failure to act

Liability Is the state of being legally responsible for the harm one causes another person? Law suits are usually measured against a standard of care Standard of care is defined as what another minimally competent individual educated and practising in that profession would have done in the same or similar circumstance to protect the individual form harm or further harm.

Potentially Negligent actions Failure to provide competent personnel Failure to provide instruction Failure to provide proper equipment Failure to warn Failure to supervise Moving or improperly treating an athlete Selecting participants

Good Samaritan Law Developed to protect citizens who voluntarily provide first aid to an injured person Coaches and other school personnel due have a duty to provide care and would not be covered under Good Samaritan Law

Reducing Risks Coaches 1)First aid training / Emergency plans 2)Constant supervision 3)Proper conditioning 4)Instruction of skills 5) Proper use of equipment / facilities 6) Parental consent forms 7) Education of coaches / seminars

Athletic therapists EAP Record accidents Medical History / PPE Supervision Work within scope of practice Do not use faulty equipment Work with coaches and medical staff Do not allow injured players to play - physician has the last call at all times Do not assist in dangerous/unethical performance enhancement