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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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