Unit 1.3The 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.• A recent study of high school coaches found:

• A significant percentage of coaches lacked adequate first aid knowledge.

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”

Negligence

Commission – acting in an improper way

Omission – failure to act

Misfeasance- an act of commission where lawful conduct is performed but done improperly.

Malfeasance- an act of commission where conduct is performed that is wholly unlawful.

The Four Elements of Negligence:

• Duty• A breach of duty• Proximate or legal cause• Damage

Other Terms Relating to Tort Cases

• Plaintiff- the individual who was injured and brings a lawsuit.

• Contributory negligence -the plaintiff is found to be in part or totally responsible for the injury. Must prove that the plaintiff failed to exercise due care for their own safety.

• Comparative negligence – provides a basis of recovery for the injured plaintiff while assigning fault to both parties.

Other Terms Cont….

• Assumption of risk- the plaintiff has voluntarily consented to assume responsibility for injury.• Expressed • Implied

• Act of God (act of nature)- a no negligence defense that the injury occurred as a result of factors beyond the control of the defendant.

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:

• 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.

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 ActionTo 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.

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.