how to get on the “judge judy” show
TRANSCRIPT
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HOW TO GET ON THE “JUDGE JUDY” SHOW
Disclaimer
Please understand the purpose of this presentation and handout is educational. Nothing in either should be construed as specific legal advice for a particular situation. Sound legal advice requires an understanding of all the facts of a particular situation, something that cannot occur in an educational setting.
Goals of Workshop
To review some of the most recent sport incidents to determine if liability exits and therefore potential court appearances
To apply this information to school athletic teams to avoid appearances in court
To answer participants questions concerning incidents that cause them consternation or potential personal liability exposure
Determining Liability
Duty of ordinary care• foreseeable• “known or should have known”
Breech of that duty• doing something you shouldn’t have• not doing something you should have
Determining Liability
Damages or injuries occurred• to the individual• to property
Proximate cause• natural and continuous sequence of
events with no casual element • Interrupting sequence and nothing
outside the chain of events impacting cause and effect
Schools Responsibility
Duty to Provide Proper Instruction• Each school must instruct the
participants and coaches/supervisors as to the activity/sport rules and regulations and disciplinary consequences for misbehavior
• Duty to Keep Records-Document
Schools Responsibility
Duty to Provide Safe Environment• Equipment must adhere to current rules
and regulations• Sports equipment must undergo proper
maintenance and repair to ensure player safety
Duty of Warn• Participants, parents/guardians must be
warned that accidents and injuries may occur during sport participation
Schools Responsibility
Duty to Transport
Duty to Provide Proper Health CareThis includes but is not limited to making sure athletes have current physicals, are protected by accident insurance, have first aid services available when needed, are provided proper physical conditioning.
Schools Responsibility
Duty to Instruct• Each school must instruct the
participants and coaches/supervisors as to the activity/sport rules and regulations and disciplinary consequences for misbehavior
• Duty to Plan
Schools Responsibility
Duty to Keep Records• Each school must maintain on file
periodic activity site inspections, accident reports, repair work requests, disciplinary action reports, witness statements, activity rules and regulations as a record of the entity’s effort at maintaining a safe activity. Participants accident records should be kept on file until the student’s age is twenty-one.
Schools Responsibility
Duty to Protect Student RightsThis includes but is not limited to school rules, district rules, state rules and federal rules.
Duty to Enforce Rules This includes team rules, training rules, sport
specific rules, safety rules and school district rules applied to sports.
Duty to Match Competitors Mismatches due to size and ability cause many
injuries in sports.
Case #1: The Missing Helmet
Coach Able is head coach of the Triapolois High School FB Team. On Friday night, Cyd Shepard suffered a head injury and was taken by ambulance to Triapolois Tri County Hospital. Cyd was diagnosed with a subdural hematoma and operated on that evening.
Case #1: The Missing Helmet
The following day the Triapolois athletic director asked coach for Cyd’s helmet and the accident report detailing what the coaches did in caring for Cyd prior to the EMT’s arriving on the scene.
Coaches Report—page 1
Cyd complained of headaches at the end of the 1st quarter but Coach Wright said Cyd was ok and sent him back into the game?
Triapolis H.S. 1st Aid procedures were followed
Coaches gave way when
EMT’s arrived
Coaches Report—page 2
Cyd’s helmet remained on his head
as he left the field in the ambulance Cyd’s father went with
an asst. coach to hospital Coach Able will go
to hospital on Monday
to collect Cyd’s gear
TIMEOUT! Remember:
Helmets are designed to prevent skull fractures and skin injuries
Helmets are not designed to prevent all concussions
Helmets are only as
good as their fit and upkeep
Would Coach Able get on the Judge Judy Show?
Was there a Duty to the player? Was the Duty fulfilled? Was there damage? Was there negligence? Was the damage due
to negligence?
Case #2: Field Safety
1. Grass Fields
2. Fences-fabric and Topping
3. Track & Field
Venues
4. Off Season Use
Turf Fields
The newly installed turf field has seams showing along the outside which presents a potential trip and fall hazard.
George Green, director of maintenance says this is the responsibility of the installer.
What is next?
When in Doubt
AskAsk ahead of timeDon’t be a “Lone Ranger”
So Why the Fuss?
1. Checkbook2. Deed to your house3. Title to your car4. Loose change5. Kid’s piggy bank6. School District at Risk
Claims Professionals • Personnel Experts • Risk Managers
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