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Part 1

Judgements over $1,000,000 1970 - 7 1985 - 407 1993 - 1,120 2000 - 1,873
Sports Related Lawsuits Sports reflect society, larger judgements, knowledge of successful lawsuits, expansion of programs, increased medical costs, first large money case: 1982-Thompson vs. Seattle S.D. ($6.3 million). Over $2.6 million every year in medical attention.
Impacts of Sport Lawsuits Escalating insurance premiums: in 1960, there were 16 football helmet companies, today there are 2 left. Activities and equipment being eliminated.
Legal Duty as Coaches Anticipate foreseeable uses.
Attractive Nuisance Doctrine We must protect against what children might do.
#1 reason for tort claims Negligence: -we can be sued anytime, anywhere, by anyone -we cannot eliminate all risks -we have all been negligent at some time or another -Safety and welfare must be #1 priority
Coaching Philosophy #1 priority must be the safety and welfare of the participants. A.S.E.P.
A.S.E.P. American Sport Education Program
9 Legal Duties of a Coach 1. Properly plan activity 2. Provide proper instruction 3. Provide safe facilities 4. Provide proper equipment 5. Properly Match athletes 6. Evaluate Injuries 7. Supervise Closely 8. Warn of Inherent Risks 9. Appropriate Emergency Assistance
1.) Properly Plan the Activity • Plan For Safety • Ensure Proper Conditioning • Teach Skill in Progression
2.) Provide Proper Instruction • Teach Athletes How To Stay Safe • Teach Rules • Teach Correct Skills And Strategies
3.) Provide Safe Facilities • Inspect For Hazards • Remove or Compensate for Hazards • Warn
4.) Provide Proper Equipment • Good Quality Equipment • Inspect Equipment Regularly • Teach How to Fit, Use and Inspect Equipment
5.) Properly Match Athletes Match athletes according to: size, skill level, experience, and physical maturity
6.) Evaluate Injuries • Know Of and Prepare for Pre-Existing Conditions • Require Pre-Season Physicals GUIDELINES: • Athletes Health and Safety Is #1 • Do Not Diagnose Injuries • Get Approval for Returning to Action (In Writing if Possible)
7.) Supervise Closely Most Common Sports Related Claim, Closely Supervise High Risk Activities, “Active Supervision." 2 Factors of Supervision: Quality and Quantity. 3 kinds of supervision: General, Specific, Transitional
8.) Warn of Inherent Risks • Warn parents and athletes of risks inherent in activity • Provide written and verbal warnings The Higher the Risk the More Warning You Should Provide.
9.) Appropriate Emergency Assistance Learn sport first aid & CPR, use only skills you are qualified to use, plan for emergencies, cell phone, AED (automated external defibrillator), have written plans and procedures.
Provide Safe Transportation • Establish written plans and policies • Qualified drivers • Vehicle inspections • Proper insurance
Hazing Any activity that embarrasses, degrades, humiliates, or endangers another (when joining a group/team) regardless of willingness to participate.
Prohibiting Hazing Establish written policies: communicate policies, enforce policies, and don't ignore rumors.
No Inappropriate Relationships Establish written policies: educate staff, enforce policies, and don't ignore rumors. Prevalence: in 2008 over 197 media reports.
Female Athlete Triad 1.) Eating Disorder 2.) Amenorrhea 3.) Osteoporosis -Estimates range from 15% - 40% of all females in athletes are affected by the triad.
Document Document everything for safety and risk management. The faintest ink is worth more than the fondest memory.
Significane Nabozny vs. Barnhill Established a new standard called "reckless disregard." The court defined reckless disregard as "the intentional act in total disregard of a known risk, when the risk is so great as to make the harm highly probable.
Created by: kil4261