Test 1 Flashcards
Safe place
Several states have adopted legislation that requires higher levels of inspection and scrutiny in creating safe environments for spectator or other large group activities. School activity centers fall into this category
Violent recklessness
An emerging concept that alleges failure of a coach or athletic administrator to control the unthinking and violent actions of an athlete or failure to supervise athletes and spectators so as to prevent violent confrontations before, during, and after a contest. The allegation may also cite the coach if there is any indication of encouragement to players to purposely harm punish or create pain for an opponent
Trained professional
An individual who has developed special knowledge, skills, and insights about a particular profession that are not shared widely by the general population.
For coaches this means ongoing research of best practices concerning the instruction of players and preventing foreseeable injury or loss through the exercise of one or more of the 14 legal duties
Statutory immunity
A state enacts legislation that prevents an injured party from bringing suit against a public institution including schools or school districts. This is an increasingly rare phenomenon in the US
Elements of negligence
To prove that a coach or athletic administrator was negligent, plaintiff must prove that 4 elements were missed.
- Duty- the defendant or coach owed a specific duty under all circumstances to an injured player
- Breach- the defendant or coach failed to fulfill the defined duty
- Causation- the breached duty was both the actual and proximate cause of the players injury or loss
- Damages- proof of actual damages or loss
Assumption of risk
The athlete accepted risk inherent in a sport, was fully warned or apprised of risks that are not immediately apparent and was injured as a result of an unforeseeable event
Rage to sue
An anger level that may develop when a coach’s aloof, condescending or uncaring attitude is coupled with a breach of one or more duties
Proximate cause
Several factors will be considered as the potential proximate cause. These include the players actions, the drivers condition or the condition of the automobile, weather/visibility, directions given to the player by the coach and the players age
Assumption of risk
A traditional defense against negligence allegations. A player accepts some risk for obvious hazards inherent in a sport by participation in athletics program out of free will. Players and their parents can not assume risk that are not readily apparent. This defense is no longer widely accepted as a mitigating circumstance
No supervisory responsibility
The athlete is not under general or direct supervision when they suffer an injury or loss
Unforeseeable event injury
It is well known that injuries occur in sports practices and competitions. To predict that a particular injury would occur at a particular time and thus be foreseeable isn’t a sustainable defense
Lack of causation
The cause of injury or loss was connected to a circumstance other than the performance of a coach or athletics administrator
Contributory/comparative negligence
The athlete is properly instructed I safety techniques mad warned of one or more hazardous activities inherent in a sport. Despite the warning, the athlete unpredictably engages in a previously identified hazardous activity that leads to his injury or loss
Sports participation agreements
Parent permission authorizing participation should be certified in writing
Sport specific warnings
Should be issued and comprehension statements executed by parents and athletes
