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Litigation Issues for Coaches and Teachers: Understanding Legal Duties and Negligence

This presentation by Dr. Rick Bettger from Colorado State University explores the different types of litigation, the shift from product liability to negligence, and the elements that determine negligence. It also discusses the legal duties and responsibilities of teachers, coaches, administrators, and school districts, and provides tips on how to handle litigation situations.

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Litigation Issues for Coaches and Teachers: Understanding Legal Duties and Negligence

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  1. LITIGATION ISSUES FOR COACHES AND TEACHERS, ADMINISTRATORS, SCHOOLS, AND YOUR SCHOOL DISTRICT PRESENTED BY Dr. RickBettger Colorado State University

  2. LITIGATION ISSUES IN SOCIETY TODAY • I. 2 types of Litigation-How are they different? • A. Civil • B. Criminal • II. Shift from Product Liability to Negligence and Why • III. What is Negligence??? Has the definition changed over the year’s?? • Negligence…Is a teacher, coach, administrator, company, corporation, school district: • FAILING to ACT as a REASONABLE and PRUDENT……. teacher, coach, administrator, company, corporation, school district would have aced in a SIMILAR situation.

  3. ELEMENTS THAT WILL DETERMINE “IF” THERE IS NEGLIGENCE *Is it your J O B?? Was there a DUTY?? 2 Types of Duties----Expressed and Implied  *Breach of the DUTY----a Fail to Confirm to the STANDARD of CARE or BEHAVIOR *Proximate of LEGAL cause, a reasonable close causal connection between the CONDUCT and the resulting INJURY. *DAMAGE, actual LOSS resulting to the interest of another person.

  4. IV. What are “Legal Duties”? • What “Standards” are we being held too? Have they changed? • V. Who are the “Players” in a Lawsuit…. What is their roles??? • Judge B. Jury C. Defendant D. Plaintiff E. Expert Witness • VI. Legal Duties—2 Types—Expressed and Implied—How are they • different? • Duty to Instruct • 2. Duty to Warn (Informed Consent) • 3. Duty to Provide Supervision—2 Types—General and Specific • 4. Duty to Provide a Safe Environment—Facilitates and Equipment

  5. 5. Duty to Provide Health Care---3 areas • Pre-Injury Care---Pre-season Programs---Pre-Season Physicals, Conditioning, Programs Etc. • B. Emergency Care---Plan for your Emergency Car3e--- Facilities and Staff • C. Post Injury Care---Rehabilitation and Return to Play Issues • 6. Duty to Enforce Rules and Regulation—If NO consequence is there a RULE??

  6. 7. Duty to Classify and Group • Size • Age • Skills • Sex • Maturity • Experience • 8. Duty to Safely Transport • 9. Duty to Foresee Potentially Dangerous Situations • 10. Duty to Plan

  7. 11. Duty to Keep Records • 12. Duty to Follow Due Process—14th Amendment of the U.S. Constitution • 13. Duty to PRAY----JUST kidding!!!!!

  8. LITIGATION WHAT TO DO OR NOT TO DO!! • SAY VERY LITTLE OTHER THAN PERHAPS “I AM SORRY” Or simply say “No comment” • FIND AN ATTORNEY THAT KNOWS SPORT LAW. • DISCUSS SITUATION ONLY WITH YOUR ATTORNEY OR UNDER COURT ORDER WITH YOUR ATTORNEY PRESENT. • DON’T TALK TO ANYONE ELSE ABOUT THE CASE. • MAKE A WITNESS LIST AND SUMMARIZE THE FACTS AS YOU KNOW THEM.

  9. NEVER ADMIT ANY LIABILITY AND DON’T POINT FINGERS AT OTHERS, ESPECIALLY OTHER COACHES, STAFF, OR ADMINISTRATION. • AVOID ANY STATEMENTS AT THE SCENE OF THE ACCIDENT-THEY MIGHT HURT YOU LATER. • GET NAMES OF WITNESSES, LATER THEY MIGHT BE HARD TO FIND, ESPECIALLY IF THE WORD GOES OUT THAT A COURT ACTION IS PENDING. • STAY IN CLOSE CONTACT WITH YOUR SCHOOL DISTRICT LEGAL COUNCIL DURING THE ENTIRE PROCESS. • SELECTING OPPONENTS CAREFULLY AVOIDS POTENTIALLY DANGEROUS SITUATIONS. • PURCHASES QUALITY EQUIPMENT-MAKE SURE IT FITS PROPERLY. ESTABLISH AND ENFORCE RULES CONCERNING SAFE USE OF THE EQUIPMENT, YOU MIGHT HAVE TO SHOW “HOW”, “WHEN”, “HOW MANY TIMES”.

  10. SAFE FACILITIES AND REPAIR YOU MIGHT HAVE TO DOCUMENT WHEN AND HOW AND WHAT YOU DID. • TRANSPORTATION ISSUES CAREFULLY KNOW THAT THIS IS A BIG AREA OF LITIGATION DISTRICT POLICIES ARE OF IMPORTANCE. • A CURRENT FIRST AID AND CPR CARD MAY HELP YOU IN THE COURT ROOM AS WELL AS WHEN THE INJURY HAPPENS. • KNOW YOUR LIMITATIONS WHEN TREATING INJURIES, YOU’RE NOT A DOCTOR, BE CAREFUL. • NEGLIGENCE….ARE YOU DOING WHAT ANOTHER PERSON (COACH/ADMINISTRATOR) WOULD DO UNDER THE SAME SITUATION.

  11. THINGS BE A CHANGING!!!! 1967 VS. NOW Scenario: Jack goes quail hunting before school, pulls into school parking lot with shotgun in gun rack. 1967- Vice principal comes over to look at Jack’s shotgun. He goes to his own car and gets his shotgun to show Jack. NOW- School goes into lock-down, and FBI is called. Jack is hauled off to jail and never sees his truck or gun again. Counselors called in for traumatized students and teachers.

  12. THINGS BE A CHANGING!!!! 1967 VS. NOW Scenario: Johnny and Mark get into a fist fight after school. 1967- Crowd gathers, Mark wins, Johnny and Mark shake hands and end up best friends. NOW- Police called, SWAT team arrives, Johnny and Mark are arrested and charged with assault. Both are expelled even though Johnny started it.

  13. THINGS BE A CHANGING!!!! 1967 VS. NOW Scenario: Jeffery won’t be still in class, disrupts other students. 1967- Jeffery sent to office and given a good paddling by the Principal. He returns to class, sits still, and does not disrupt class again. NOW- Jeffery is diagnosed with ADD and given huge doses of Ritalin, becomes a zombie, school gets extra money from state because Jeffery has a learning disability.

  14. THINGS BE A CHANGING!!!! 1967 VS. NOW Scenario: Billy breaks a window in his neighbor’s car and his dad gives him a whipping with his belt. 1967- Billy is more careful next time, grows up normal, goes to college, and becomes a successful businessman. NOW- Billy’s dad is arrested for child abuse. Billy is placed in foster care and joins a gang. State psychologist convinces Billy’s sister that she remembers being abused herself, and their dad goes to prison. Billy’s mom has affair with psychologist

  15. THINGS BE A CHANGING!!!! 1967 VS. NOW Scenario: Mark has a headache and brings some aspirin to school. 1967- Mark takes aspirin in lunchroom and headache goes away. NOW- Police called, Mark is expelled from school for drug violations. Car is searched for drugs and weapons.

  16. THINGS BE A CHANGING!!!! 1967 VS. NOW Scenario: Pedro fails English in high school. 1967- Pedro goes to summer school, passes English, goes to college. NOW- Pedro’s cause is taken up by state. Newspaper articles appear nationally explaining that teaching English as a requirement for graduation is racist. ACLU files class action lawsuit against state school system and Pedro’s English teacher. English banned from core curriculum. Pedro is given a diploma anyway but ends up mowing lawns for a living because he cannot speak English.

  17. THINGS BE A CHANGING!!!! 1967 VS. NOW Scenario: Johnny takes apart leftover firecrackers from 4th of July, puts them in a model airplane paint bottle, blows up a fire ant hill. 1967- Ants die NOW- Bureau of Alcohol, Tobacco and Firearms, Homeland Security, and FBI investigates parents; siblings are removed from home; computers are confiscated. Johnny’s dad goes on Terror Watch List and is never allowed to fly again.

  18. THINGS BE A CHANGING!!!! 1967 VS. NOW Scenario: Johnny falls while running during recess and scrapes his knee. He is found crying by his teacher who hugs him to comfort him. 1967- In a short time, Johnny feels better and goes on playing. NOW- Teacher is accused of being a sexual predator and loses her job. She faces three years in state prison. Johnny undergoes five years of therapy.

  19. AND PEOPLE WONDER WHY THIS COUNTRY IS SUCH A MESS DUHHHHHHHH!!!!!!!!!!!!!!!!!!!!

  20. Former Pleasure Ridge Park High School coach David J. Stinson, 37, was found not guilty on Thursday in the death of a player who collapsed at practice. Medical experts for the Defense told jurors that it appeared a combination of heat, use of the dietary supplement Creatine, and ADD drug Adderall, plus being ill were the main factors that contributed to the player’s death, which they called an accident. Louisville, KY (AP) September 18, 2009

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