The Coach and the Safety of Athletes: Ethical and Legal Issues
Marquette University - Law School
June 1, 2012
Ethics and Coaching (Robert L. Simon ed., Westview 2012), Forthcoming
Marquette Law School Legal Studies Paper No. 12-13
Regardless of the level of athletic competition, a coach is not an insurer of an athlete’s safety and is not necessarily liable for injuries that occur while coaching a sport. Although coaches generally are not liable for athlete injuries that are ‘‘part of the game,’’ there is potential legal liability if a coach’s action or inaction increases the inherent risks of injury in a sport. To recover damages for an injury, an athlete is required to prove tortious (i.e., wrongful) action or inaction by a coach caused his injury. This chapter provides an overview of the developing law regarding the nature and scope of a coach’s duty to protect the health and safety of athletes participating in youth and high school sports (who generally are minors entrusted to coaches’ custodial care) or college sports (who generally are adults that do not have a custodial relationship with their coaches) and illustrates a coach’s ethical obligation to do so. It also notes that state statutes and judicial decisions may immunize coaches at public educational institutions from liability for negligence that causes injury to athletes, and that pre-injury releases and waivers may protect both private and public school coaches from liability for their negligence.
Number of Pages in PDF File: 31
Keywords: sports, coaching, injuries, liability, duty to protect, youth sports, high school sports, college sports, reasonable careAccepted Paper Series
Date posted: June 21, 2012
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