THE LAW OF SPORTS INJURY CHAPTER 3

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1 THE LAW OF SPORTS INJURY CHAPTER 3

2 THE CONCEPT OF TORT TORT = A HARM, OTHER THAN A BREACH OF CONTRACT, DONE TO ANOTHER FOR WHICH THE LAW HOLDS THE WRONGDOER RESPONSIBLE.

3 WAYS TO PROVE WRONGDOING NEGLIGENCE = FAILURE TO DO WHATA REASONABLY CAREFUL AND PRUDENT PERSON WOULD HAVE DONE UNDER THE SAME OR LIKE CIRCUMSTANCES OR. ACT OF COMMISSION = ACTING IN INPROPER WAY ACT OF OMISSION = FAILURE TO ACT STANDARD OF CARE = FORESEEABILITY =

4 FOUR ELEMENTS OF NEGLIGENCE 1. DUTY = AN OBLIGATION RECOGNIZED BY THE LAW REQUIRING A PERSON TO CONFORM TO A CERTAIN STANDARD OF CONDUCT FOR THE PROTECTIONS OF OTHERS AGAINST UNREASONABLE RISKS. 2. BREACH OF DUTY = A FAILURE TO CONFORM TO THE STANDARD REQUIRED. 3. PROXIMATE OR LEGAL CAUSE = A REASONABLE CAUSAL CONNECTION BETWEEN THE CONDUCT AND THE RESULTING INJURY. 4. DAMAGE = ACTUAL LOSS RESULTING TO THE INTERESTS OF ANOTHER

5 WHAT IS YOUR LIABILITY ANYONE SERVING IN A COACHING CAPACITY, WHETHER VOLUNTARILY OR PAID, BEARS CONSIDERABLE RESPONSIBILITY FOR THE HEALTH AND SAFETY OF ATHLETES.

6 POTENTIALLY NEGLIGENT ACTIONS BY COACHES FAILURE TO PROVIDE COMPETENT PERSONNEL = COACH ASSUMES RESPONSIBILITY FOR THE COACHES THAT HE HIRES FAILURE TO PROVIDE INSTRUCTION = MUST PROVIDE PROPER INSTRUCTION ON BOTH FUNDAMENTAL AND ADVANCED SKILLS REQUIRED FOR PARTICIPATION, AND INJURY PREVENTION. FAILURE TO PROVIDE PROPER EQUIPMENT = MUST BUY PROPER FITTING EQUIPMENT, MUST ALSO MAINTAIN PROPER WORKING EQUIPMENT. FAILURE TO WARN = THE COACH HAS THE OBLIGATION TO WARN PARTICIPANTS OF DANGERS BOTH OBVIOUS AND UNOBVIOUS. MAY WANT TO PROVIDE WRITTEN DOCUMENTATION. FAILURE TO SUPERVISE = THE COACH IS REQUIRED TO SUPERVISE ACTIVITIES TO AN EXTENT THAT IS DETERMINED, IN PART, BY THE AGE, THE SKILL, AND EXPERIENCE OF THE PARTICIPANTS. MOVING OR IMPROPERLY TREATING AN INJURED ATHLETE = COACH IS REQUIRED TO PROVIDE PROPER MEDICAL ATTENTION TO ATHLETES SELECTING PARTICIPANTS = COACH IS RESPONSBLE FOR INSURING THAT AN ATHLETE IS READY TO PLAY.

7 ARE YOU PROTECTED? THE BEST PROTECTION A COACH CAN HAVE AGAINST THE RISK OF LITIGATION IS TO AVOID THE PROBLEMS WE HAVE DISCUSSED. TODAYS COACH MUST BE CONSTANTLY AWARE OF POTENTIAL RISKS TO ATHLETES AND MUST TAKE APPROPRIATE ACTION TO REDUCE RISKS. PROPER PLANNING HELPS INDICATE THE COACHING STAFF HAS MET THE STANDARD OF CARE BY ELIMINATING ALL FORESEEABLE RISKS FOR INJURY.

8 GOOD SAMARITAN LAW LAW THAT RELIEVES NEGLIGENCE WHEN ACTING VOLUNTARILY (GIVING FIRST AIDE) COACHES AND SCHOOL PERSONEL DUE HAVE THE RESPONSIBILITY TO PROVIDE APPROPRIATE CARE.

9 HOW TO REDUCE YOUR CHANCES OF GOING TO COURT 1. WRITTEN CONTRACT 2. CERTIFICATION IN BASIC OR ADVANCED FORST AID AND CPR. 3. EMERGENCY PLAN 4. PARENTAL CONSENT 5. COMPREHENSIVE PREPARTICPATION PHYSCIAL 6. DOCUMENT ALL INJURIES 7. ATTENDANCE AT IN SERVICE SEMINARS AND/OR POST GRADUATE CLASSES. 8. PERIODIC INSPECTIONS OF FACILITIES AND/OR EQUIPMENT 9. DEVELOP AND MAINTAIN EFFECTIVE LINES OF COMMUNICATION. PERSONAL FITNESS SYLLABUS COACH DANIEL GRIFFIN Office Hrs. Tuesday s 6:30 8:00 AUGUST DECEMBER 2004 Personal Fitness is a required course for graduation. It introduces the five health related components of fitness. Students will learn to recognize, e valuate, and develop thos e components. They include flexibility, cardio vas cular endurance, muscle strength, m uscle endurance, and body composition. Students will also study principles of training, nutritional fitness, the muscular and skeletal systems, and will develop their own personal fitness plan and goals. COURSE OBJECTIVES: (Florida and National Objectives) Participate in fitness assessment and appropriate health related fitness activities. Use fitness assessm ent results to establish goals for all five health related fitness component areas. Develop a personal fitness plan designed to attain stated fitness goals. Implement personal fitness plan and assess outcomes following a period of training. Pursue physical activities that prom ote health related fitness, relieve tension, and control weight in both school and non school settings. Analyze how activity participation patterns change throughout life and express strategies to deal with these changes. Exhibit a level of competency, ad vancing to a level of proficiency in a particular skill. Successfully participate in the Presidential Physical Fitness Test assessment. Improve cardiovascular endurance through running, walking, and other cardiovascular activities. Improve agility skills, flexibility, strength, and endurance by participating in appropriate activities. GRADING P ROCEDURES: A B C D 59 0 F Participation 50% Skills tests 20% Written Test 20% Journal 10% CLASS EXP ECTATIONS: Dress out daily, and participate the entire time. Be on time for roll. Tardies will be counted. After the 2 nd tardy to class, you will not be able to dress out, which will result in a 5 point deduction for the day. Tardies to roll call after dressing out will be counted also. For every m inute you are late you will do 1 suicide sprint at the end of class. Be respectful Keep fitness areas clean. Check handbook for missed days/makeup work. You can t make up work if you have an unexcused abs ence. Work hard without complaining CLASSROOM P ROCEDURES: Bring shorts/warm ups, t shirt, tennis shoes daily. You CANNOT participate in clothes you wore to school. All attire m ust meet the dress code. No tank tops for boys or girls. Proper behavior is expected in dressing room. Bring any problems to the attention of the coach immediately.

10 WHAT TO DO IF YOU GET SUED TAKE THE APPROPRIATE STEPS TO PROTECT YOURSELF. 1. CONTACT INSURANCE COMPANY 2. CONTACT LAWYER 3. ALL PERTINENT FACTS RELATED TO THE CASE SHOULD BE RECORDED. 4. WRITE A DETAILED DESCRIPTION OS ALL EVENTS LEADING UP TO AND IMMEDIATLEY FOLLOWING THE INJURY. THIS SHOULD INCLUDE SIGNED STATEMENT S FROM WITNESSES. 5. DON T MAKE STATEMENTS TO THE MEDIA.

11 ETHICS OF SPORTS INJURY CARE