1. Chapter 3 The Law of Sports Injury

2. 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. A recent study of high school coaches found: A significant percentage of coaches lacked adequate first aid knowledge.

3. Concept of Tort Tort: “harm, other than a breach of contract, done to another for which the law holds the wrongdoer responsible” 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”

4. 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

5. Other Terms Relating to Tort Cases Contributory negligence Comparative negligence a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident

6. Other Terms Relating to Tort Cases Assumption of risk a defense in the law of torts, which bars a plaintiff from recovery against a negligent tortfeasor if the defendant can demonstrate that the plaintiff voluntarily and knowingly assumed the risks at issue inherent to the dangerous activity in which he was participating at the time of his injury Act of God (act of nature) a legal term for events outside of human control, such as sudden floods or other natural disasters, for which no one can be held responsible

7. What Is Your Liability? Doctrine of sovereign immunity does NOT guarantee immunity for coaches. (prevents the government agencies from being sued without its consent) Coach must use reasonable care to avoid creating foreseeable risk of harm. Coach should have a legal contract that outlines specific coaching duties.

8. What Is Your Liability? Potential liabilities for coaches include: 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.

9. 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

10. 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. Pre-participation physical exams. In-service seminars. Inspections of facilities/equipment. Effective lines of communication. Proper injury documentation.

11. 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.