This document discusses liability and negligence related to athletic facilities. It identifies four major legal issues facilities must address: 1) complying with the Americans with Disabilities Act, 2) ensuring staff certifications are current through regular audits, 3) having automated external defibrillators available, and 4) obtaining proper documentation and insurance to limit liability through good Samaritan laws while covering acts of negligence. Athletic administrators and facilities can be held liable for negligence of employees and must address these legal topics to reduce risk.

1. ATHLETIC FACILITY
LIABILITY AND NEGLIGENCE

2. LIABILITY AND
NEGLIGENCE
Liability:
 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.

3. LIABILITY OF ATHLETIC
ADMINISTRATORS
An 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.

4. ATHLETIC FACILITY
“LEGAL MATTERS”
Athletic facility must be in compliance
with four major issues that can present
potential risk for it’s facility when it
comes to Liability and Negligence.

5. Americans with Disabilities
Act
(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)

6. 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

7. STAFF CERTIFICATION AUDITS
PREVENTING LAWSUITS
Facility 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).

8. 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).

9. GOOD SAMARITAN
LEGISLATION
Providers of emergency care may enjoy various
levels of immunity from legal liability under the
umbrella of “Good Samaritan” legislation.
However, any immunity provided under Good
Samaritan law is limited to ordinary negligence;
reckless or grossly negligent conduct is excluded
(Premack 1996).

10. PROTECTIVE LEGAL
DOCUMENTATION & INSURANCE
(ISSUE 4)