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.• 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.

Why the increase in number of lawsuits?

• Increase in the number of participants• *• Rising expectations regarding legal

negligence• *• More acceptance by the courts of

comparative negligence settlements• *

Concept of Tort

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

• Generally seek to recover money to compensate the athlete for damages resulting from someone’s alleged negligence

NegligenceNegligence: 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 includes:

• Commission – acting in an improper way• Athlete (plaintiff) is claiming the permanent quadriplegia

resulted in improper 1st Aid rendered at the time of injury by the coach (defendant)

• Omission – failure to act• Coach failed to stop other people from moving the athlete

The four elements that must be present in order to prove negligence:

1. Duty-an obligation recognized by the law requiring a person to conform to a certain standard of conduct for the protection of others against unreasonable risks

2. A breach of duty-

3. Proximate or legal cause-a reasonably close causal connection between the conduct and the resulting injury

4. Damage-

To defeat a negligence case, show proof of one of the following:

• Contributory negligence-

• Comparative negligence-this allows for the plaintiff to receive partial compensation on a prorated basis, dependent upon a judgment regarding the extent of contributory negligence

• Assumption of risk-

• Act of God (act of nature)-the injury occurred as a result of factors beyond the control of the defendant

What Is Your Liability?

Doctrine of Sovereign Immunity-(protects government institutions and their personnel from liability claims) 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 proper instruction• *• Failure to warn • *• Failure to treat an injured athlete properly.• *

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.

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Good Samaritan Law

• Protects citizens who voluntarily provide first aid to an injured person

• Encourages the average citizen to render first aid in an emergency

• Coaches and other school personnel do have a duty to provide appropriate emergency care

• As a result, they do not have immunity from tort claims under the Good Samaritan Law

Steps to Avoid Legal ActionTo reduce the chances of going to court,

coaches should have:• A written contract.• *• An emergency action plan.• *• Pre-participation physical exams.• *• Inspections of facilities/equipment.• *• 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.

Ethics of Sports-Injury Care

• Even more today, coaches are under an immense pressure to win and succeed, and often times their livelihood depends on it.

• Under no circumstance should an athlete be allowed to resume sports without the consent of a medical doctor

• Unethical behavior by a coach will in all probability be considered as negligence by a court of law