Sport Physical Activity and the Law

1
Sport Physical Activity and the Law

• Chapter 14
• The Standard of Care in Sports and Physical
  Activities

2
Lawsuit Database By Venuen 428

• Recreation n 207 48
• Instruction n 137 32
• Team n 84 20

3
Lawsuit Database By Allegationn 428

• Environmental n 227 53
• conditions
• Selection and n 103 24
• conduct of the
• activity
• Supervision n 98 23

4
Lawsuit Database By Activityn 428

• Playground n 76 17.75
• Softball n 47 10.98
• Basketball n 39 09.11
• Games n 36 08.41
• Gymnastics n 34 07.94
• Fitness n 21 04.90
• Aquatics n 20 04.67

5
Lawsuit Database By Activityn 428

• Baseball n 16 03.73
• Soccer n 15 03.50
• Wrestling n 13 03.03
• Cheerleading n 12 02.80
• Track Field n 12 02.80
• Football n 10 02.33

6
Supervision

• The quality and quantity of control exercised by
  reasonable leaders over the individuals for whom
  they are responsible.

7
Respondeat Superior

• Form of vicarious liability whereby employers
  share legal responsibility for employee actions
  and omissions which occur within the scope of
  their employment.

8
Respondeat Superior

• In essence, your legal obligation to select
  supervise and, within reason, to control the
  actions of an employee places you in the position
  of being, to some degree, indirectly responsible
  for an incident over which you had no direct
  control.

9
General Supervision

• Overall control of the entire group
• Thorough knowledge of the subject matter
• Full visual contact
• Awareness of dangers or deviations from accepted
  procedures
  
• Rapid intervention and resolution of noted
  problems

10
Specific Supervision

• Direct interaction with individuals or small
  groups
  
• When problems or deviations are noted
• When a new or hazardous activity is involved
• Until the participant understands the risks and
  can adhere to safety procedures
  
• Does not affect ones responsibility for general
  supervision

11
Critical Supervisory Concerns

• Knowledge and ability of supervisors
• Sightlines/organization of group
• Unsupervised facilities/activities
• Published posted and enforced rules
• Emergency procedures/first-aid
• Control

12
Lawsuit Databasen 428

• Failure to provide proper control was claimed in
  11 of all cases
  
• 39 of the flagball cases
• 27 of the soccer cases
• 25 of the cases involving games
• 13 of the basketball cases

13
Selection and Conduct of The Activity

• Physical mental and emotional readiness of the
  participant
  
• What is his/her potential for success?

14
Critical Selection/Conduct Concerns

• Physical and intellectual readiness
• Psychological readiness
• Accurate detailed instruction
• Feedback
• Warnings
• Protective measures
• Mismatch

15
Lawsuit Databasen 428

• Lack of participant readiness was claimed in 7
  of all cases
  
• 35 of the gymnastics cases
• 33 of the cases involving fitness
• 25 of the cases involving cheering
• 14 of the cases involving games

16
Environmental Conditions

• The supervisor must control the safety and the
  appropriateness of the physical environment and
  the equipment
  
• Constructive vs. actual notice

17
Critical Environmental Concerns

• Regular maintenance and inspection
• Accurate record keeping
• Pre-use checks
• Participant inspections
• Safety equipment
• Buffer zones
• Appropriateness for individual users

18
Lawsuit Databasen 428

• Failure to provide a sufficient buffer zone was
  claimed in 13 of all cases
  
• 46 of the basketball cases
• 25 of the cases involving games
• 24 of the softball/baseball cases
• 10 of the cases involving fitness

19
Dont Forget the Spectators

• Duty Owed to Spectators
• Focus on Foreseeability
• Limited Duty Rule and Assumption of Risk