LIABILITY AND NEGLIGENCELiability: The state of being responsible for something or something that someone is responsible for. Employer need not be negligent to be liable. Three defenses are available: The employee was not negligent. The employee was not acting within the scope of employment. The employee was an independent contractor.Negligence: Sport managers are negligent when: They commit an act/omission causing injury to a person to whom they owe a duty to act with care. Negligence imposes a duty to refrain from careless acts.
LIABILITY OF ATHLETIC ADMINISTRATORSAn administrator, school or athletic facility may also be sued under the assumption of indirect liability for the alleged negligence of an employee.An administrator may be sued in his/her role as the supervisor of a coach or teacher.
ATHLETIC FACILITY “LEGAL MATTERS”Athletic facility must be in compliancewith four major issues that can presentpotential risk for it’s facility when itcomes to Liability and Negligence.
Americans with DisabilitiesAct(Issue-1) A law that was enacted by the U.S. Congress in 1990, ADA recognizes and protects the civil rights of people with disabilities (Riley, 2006). The ADA addresses: Title 1- Access to the workplace (Riley, 2006) Title II- State and local government services (Riley, 2006) Title III- Places of public accommodation and commercial facilities (Riley, 2006) Title IV- Requires phone companies to provide telecommunications relay services for people who have hearing or speech impairments (Riley, 2006) Title V- Miscellaneous instructions to Federal agencies that enforce the law. (Riley, 2006)
STAFF CERTIFICATION AUDITS (ISSUE 2) Ensure that staff are current with their fitness certifications Failure to do so makes the athletic facility susceptible to allegations of what is known as “misrepresentation”. Misrepresentation occurs when an individual makes a false claim as to his or her experience, qualifications, certifications or degrees
STAFF CERTIFICATION AUDITS PREVENTING LAWSUITSFacility manager should take to avoid such a lawsuit: Keep careful track of each employee’s certification expiration date, and ensure that certifications are renewed in a timely manner (Riley, 2006). Use staff meetings to address the legal issues surrounding certifications (Riley, 2006). Distribute copies of professional literature on legal issues, such as misrepresentation, to increase staff awareness (Riley, 2006). Offer incentives to staff to keep their certifications current. Fine any employee who collects fees from members during periods of invalid certification (Riley, 2006).
AUTOMATED EXTERNAL DEFIBRILLATOR (ISSUE 3) AEDs are portable devices that deliver an electric shock to the heart, halting sudden cardiac arrest and restoring normal heart rhythms (American Red Cross 2005).
GOOD SAMARITAN LEGISLATIONProviders of emergency care may enjoy variouslevels of immunity from legal liability under theumbrella of “Good Samaritan” legislation.However, any immunity provided under GoodSamaritan law is limited to ordinary negligence;reckless or grossly negligent conduct is excluded(Premack 1996).