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Essay / Research Paper Abstract
A 5 page research paper which examines the question of what constitutes liability on the part of a coach or an institution in the event of sports related injury. The writer examines numerous cases and outlines the basics of what the courts expect from coaches and institutions. Bibliography lists 5 sources.
Page Count:
5 pages (~225 words per page)
File: D0_Sprtliab.doc
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Unformatted sample text from the term paper:
(1996) Such figures have a serious impact on school sports programs. Currently, 44% of the purchase price of a football helmet goes toward paying liability insurance for the company which
produced it. (McEwin; Dickinson) The increased likelihood of legal action has caused some school to drop the riskiest organized sports such as hockey, football, and wrestling. (1996) Courts recognize
that most sports injuries are accidental and that there is an inherent risk which the players assume when they participate in that sport; however, where unacceptable behavior is involved whether
that behavior comes from the athletes, the coaches, institutions or clubs, this behavior can be grounds for legal liability in court. (Noce; von Kaenel, 1996) There are three categories
of torts which are most often applied to those seeking legal recourse for sports injuries. These are intentional torts, strict liability torts, and negligence torts. (Neish, 1996; p. 4) A
tort is defined as a "legal injury or wrong committed upon a person or property." (Neish) The most common type of tort filed against coaches is the negligence tort. An
important element that courts use in determining negligence is when the coach fails to anticipate and eliminate unreasonable risk of injuries that any reasonably prudent person would have anticipated and
eliminated. (Neish, 1996) In legal jargon, this is termed the "doctrine of foreseeability." (p. 4) The law asks four basic questions to determine whether negligence has taken place. These
are 1) does the coach owe the players a duty? 2) was that duty breached? 3) was the coachs breach of duty responsible for the players injuries? and 4) what
is the extent of the injury or damage? (Neish 4) It is generally presumed in the coaching profession that a duty is owed to all of the players by the
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