Abstract
It is indeed evident that every sporting activity poses a potential threat to injuries for the players, the coach, and the spectators. It is hence worth understanding the laws governing all sporting activities. This research paper evaluates the different legal principles applied to the injuries suffered by the athletes. The paper begins by outlining various lawsuits against the sports participants to understand the legal liability of everyone better. In particular, the research paper applies sports law to understand the extent of which the coach would be considered to have acted with negligence. The players also owe a duty of care to their fellow players. Moreover, compensation depends on various factors such as the athlete’s awareness,
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(2015) notes that the duty of care makes it obligatory for the management to take care of the participant's needs. Different states in America have provisions that must be followed by sports participants and that which forms the basis for litigation. A court in LA, for instance, may have different laws on negligence as compared to Texas, California and even New York. It is hence imperative to understand the various legislatures on the duty of care and the responsibilities assigned to each sports participants. A breach of the law, therefore, makes one liable for any compensation for injuries suffered by the participant (Cerny v. Cedar Bluffs JR./SR. Public School, 2017). The duty of care also elaborates the instances where the management especially the coach can be accused of negligence. Negligence is a reckless conduct that leads to harming of another person (Maron, Mitten, Quandt, & Zipes, 1998). For example, if the coach failed to check the playing ground well, it could be disastrous as the player could fall due to wetness. If such a player incurred a physical injury, then he has every right to sue his club in a court of law for negligence. Moreover, the victim can also receive monetary compensation for torts resulting from intentional harm like an assault. It is therefore not enough that the management implements policies that ensure safe environment and atmosphere for the players but also be cautious of any in eventualities that may arise in the course of the
In the case of Schmidt v. Massapequa High School, the plaintiff, Schmidt, alleged negligent of the voluntary assistant coach and Massapequa UFSD (Union Free School District). On January 22, 2008, Vincent D’Agostino, who was a voluntary assistant coach at Massapequa High School, was allowed to participate in a wrestling practice by Massapequa UFSD. During the practice, D’Agostino picked the plaintiff up and threw him to the ground. While they were matching, D’Agostino’s body fell onto the body of the plaintiff, causing the plaintiff’s injury, fracture. Thus, the plaintiff, Schmidt, argued that Massapequa UFSD did not supervise D’Agostino correctly, and stated that the application of the doctrine of primary assumption is unwarranted. The plaintiff submits his own affidavit, his mother’s affidavit, and an affidavit of Steven Shettner. Since this case was submitted by the plaintiff, it is considered as a civil case. Shettner is an experienced wrestling coach. He states that there is risk of causing an injury in extracurricular sports; however, awareness of the risk assumed is to be assessed against the background of the skill and experience of the particular plaintiff.
Similarly, we discussed the Koffman v. Garnett case in class when Richard and Rebecca Koffman, on the behalf of Andrew, sued Garnett in a Virginia court for gross negligence, assault, and battery. The situation was that Coach Garnett used Andrew Koffman in a tackling demonstration. Therefore, he then proceeded to pick him up 2 feet off the ground and threw him to the ground, injuring him to break his arm. Nevertheless, a sport manager should ultimately realize that liability is a serious risk for any organization and should be extremely careful of the situations by not putting themselves at risk for any liability, since they can face a civil lawsuit or criminal prosecution to the fullest extent of the law for their negligent behavior by harmfully injuring another
Mr McKinnon must have, under the assumption of risk, known that there was a possibility for the risk of injury resulting in paralysis. Over data collected over a period of six years, showed that a total of 12 players in the rugby league code [1997 – 2002] have suffered from spinal injuries (Carmody D, et.al 2005.) This assumes that Alex must have known the possible risks and under the Civil Liability Act 2002, section 5G, “injured persons presumed to be aware of obvious risks.” Thus resulting in the assumption that he knew what could happen in such a high contact sport. Once again, this can be seen in the case Cafest v. Tombleson [2003] NSWCA 210. In this case Julianne Tombleson went roller-skating and broke her right wrist, claiming that she was not properly informed of the risks involved with the activity. However, the court found that there was a myriad of pre-emptive warnings to skaters such as highly visible signs that stated protection gear available for hire and that the rink centre will not be held legally liable to any injuries that may be sustained. This confirms and rectifies the concept of volenti non fit injuria. If the risks are clearly set out and known, one could not claim negligence for compensation, relating to the fact that Alex indisputably would have realised the potential
R, Elvik, and Kim k. "Accident Analysis & Prevention." Body-contact sports: Catharsis or reinforcement?. 6.1 (1974): 85-91. Print
Injuries are common in most sports that have a contact component attached. Whether it’s at a professional level, or a school level, injuries are always bound to occur in contact sport. This analysis will look into the role headgear could, should and would play, and debates whether it should be made mandatory. Olympic sports such as Ice Hockey, Bicycle Riding and Baseball are just some examples that currently require athletes to wear a form of headgear. However, Australian contact sports such as AFL and Rugby give the option for players to wear headgear for protection. In 2011, 14 year old Ben Robinson was hospitalised after being treated 3 times in a game for head blows in a rugby game . In 1994, professional boxer Bradley Stone died from head injuries whilst boxing against Richie Wenton . Examples like these show the brutality of contact sports. Because of this, my paper will look at the issue of headgear in contact sport and will particularly look at this issue at junior sports level.
There are defenses against negligence lawsuits for sports medicine professionals. The first of which is assumption of risk, where the athlete voluntarily and knowingly assumes the risk of an activity through an expressed or implied agreement. This can be done by having a form signed during pre-season paperwork. This does not forgive a clinician of reckless conduct, however. Assumption of risk is for the usual risks, and the athlete by singing assumes responsibility for injury that occurs as a result of the inherent dangers of sport. It is crucial that athletes be informed that risk for injury exists and understand the nature of that risk. Another defense is an act of God, which are events that are outside of human control. This includes natural disasters, weather, and other environmental concerns in which no one can be held responsible. If the incident was not foreseeable, this is another defense a clinician could use against a negligence lawsuit. Foreseeability is based upon whether the clinician at fault could have realistically anticipated the consequences that would result because of their conduct. In order for the clinician to be held liable, the harm must foreseeably arise from the negligent act. Good Samaritan laws provide limited security against legal liability should an accident arise while providing care during an emergency, in good faith, without expected compensation, and without misconduct or gross negligence. This usually does not apply to someone providing care during regular employment. It was created for situations in which a volunteer comes to the aid of an injured person during an emergency in order to reduce bystanders ' hesitation to assist because of the fear of a lawsuit. The individual providing care must ...
Cherry, E., Sealey, D., & Mangialardi, L. (1991). Understanding the risks. Journal of Sport Management, 5(2), 198.
The failure of the NFL to disclose credible research linking concussions to permanent, hidden long-term brain injury to the players can be interpreted as both ethical and unethical. Ethical theories and traps influenced the NFL’s decision. Not disclosing the research is considered moral by the ethical theory of utilitarianism. Utilitarian ethics considers the best decision is one which maximizes overall happiness and minimizes overall pain is more ethical. Utilitarianism’s goal is to produce the best outcome for the largest number of people. The NFL’s failure to reveal the research connecting concussion to permanent brain injury’s is in line with utilitarian ethics. A larger population benefits from football compared to the small number of
In this assignment I will be talking about the four legislative factors that influence health and safety in sport. On each of the four legislative factors I will be describing them in more details also I will be giving examples for each of them. Here are four legislative factors that I will be talking about:
The Health and fitness industry have many ethical issues involved which was very interesting to me. I have never purchased a membership at a health club, but from the reading I learned a lot about how they operate. It amazed me that health clubs push their sales representatives to get 200-300 new members a month (Amend, 1992). This is a large amount of people for such a short amount a time, which means some members are not fully aware of the fine print of the membership agreement. Also the reading mentions that more than half of instructors at these clubs do not have valid certification (Copeland et al, 1988),. This is unethical because the members pay each month for the service of a qualified staff member to assist them in exercise and fitness. Safety of the members could also be at risk working out with a non-qualified trainer. Learning how these companies do business make me want to hold off as long as possible to join a gym.
In the sports world, as much as in the political, social or corporate world, ethics is put to the test at all times. Most athletes spend their career trying to overcome many barriers in order to gain notoriety and achieve good results with the objective of winning titles and, especially, to have great future opportunities, as for example, being awarded with an athletic scholarship.
In today’s society, especially sporting activities involving youth and young adults, it is imperative to ensure the safety of those involved. When an individual is injured either physically, emotionally or both, there is the concern of legal action towards coaches and the association conducting the sporting activity (Wolohan, 2013). The litigious culture that Americans live under has produced a heightened awareness to avoid negligence in athletic activities through proper training and education (Wolohan, 2013). Negligence is defined as an unintended accident that has caused injury to a person or material goods without a premeditated plan of action to cause pain and suffering (Yiamouyiannis, 2008). For that reason, the
Sports can help many at- risk youths. In order to participate in sports you need to be committed and willing to work hard. You also have to learn to respect others and accept that winning isn’t the only measure of success. Losing can build character as well. When youth participate in a sports they enjoy, they are less likely to engage in behaviors that are harmful or dangerous to themselves and others. It is for these reasons schools should strive to maintain athletic programs for their students.
Sports psychology is the study of how psychology influences sports, athletic performance, exercise and physical activity. Some sports psychologists work with professional athletes and coaches to improve performance and increase motivation. Other professionals use exercise and sports to enhance people’s lives and well-being. While finding ways to help athletes is certainly an important part of sports psychology, the application of exercise and physical activity for improving the lives of non-athletes is also a major focus.
Canadian doctors are looking to ban full-contact sports for their brutality. The doctors worry about the potential for serious injuries. The more common injuries are broken limbs, lacerations, and brain damage. During an event in Vancouver, a large number of the fighters received emergency care at the local hospital. The Canadian Medical Association (CMA) would also like sports like boxing to be banned as well. They believe that other combative sports, such as hockey and football, are different than MMA because the main goal is not to ultimately knock out your opponent. The main reason that they wish to ban sports like Ultimate Fighting and Boxing is to prevent serious injuries from occurring. This clearly shows tha...