Abstract

http://ssrn.com/abstract=1146589
 
 

Footnotes (217)



 


 



Tort Liability of Coaches for Injuries to Professional Athletes: Overcoming Policy and Doctrinal Barriers


Timothy Davis


Wake Forest University - School of Law


University of Missouri-Kansas City Law Review, Vol. 76, No. 3, 2008
Wake Forest Univ. Legal Studies Paper No. 1146589

Abstract:     
The resolution of seemingly straightforward disputes that arise in sports often require courts to invoke rules from several substantive areas of the law. The potential tort liability of coaches and their teams for injuries to professional athletes provides such an illustration. Determining the culpability of coaches requires resort not only to tort law doctrine, but also to doctrine and policy related to contract, labor, and workers compensation law. This article first provides an overview of the law regarding the tort liability of institutions for injuries to athletes and the standards of care that courts have adopted. The article suggests that the breach of any duty imposed on coaches and their teams to players would most likely be assessed according to a heightened standard of care, specifically recklessness. The article concludes, however, that even if a coach engages in conduct that falls short of the applicable standard of care, a professional athlete will have difficulty prevailing in a tort-based civil action against a coach, or by virtue of vicarious liability, the team. In this regard, the article briefly discusses the defenses that might impede a player's ability to pursue state tort claims. These defenses, which include the labor law preemption doctrine, mandatory arbitration, and workers compensation, demonstrate the convergence of different strands of law in resolving sports-related disputes.

Number of Pages in PDF File: 27

Keywords: Sports Law

JEL Classification: K13

Accepted Paper Series


Download This Paper

Date posted: June 16, 2008  

Suggested Citation

Davis, Timothy, Tort Liability of Coaches for Injuries to Professional Athletes: Overcoming Policy and Doctrinal Barriers. University of Missouri-Kansas City Law Review, Vol. 76, No. 3, 2008; Wake Forest Univ. Legal Studies Paper No. 1146589. Available at SSRN: http://ssrn.com/abstract=1146589

Contact Information

Timothy Davis (Contact Author)
Wake Forest University - School of Law ( email )
P.O. Box 7206
Winston-Salem, NC 27109
United States
Feedback to SSRN


Paper statistics
Abstract Views: 2,628
Downloads: 265
Download Rank: 65,457
Footnotes:  217

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.406 seconds