Archive for the ‘Instructors’ Category

Leading Causes of Sports Lawsuits: Improper Supervision & Instruction

Supervision: It’s more than just keeping an eye on things.

The need for amateur sports administrators to understand their legal responsibilities with regard to supervision and instruction can’t be stressed enough. In the arena of amateur sports, lack of supervision is the most common cause of action in lawsuits. Injuries resulting in these types of lawsuits are typically avoidable if proper supervision occurs. Below are the three most important reasons to stress supervision as a way to avoid legal liability.

  1. Injured people suffer and miss time away from playing the game, school, or work.
  2. If a serious injury occurs, negative media attention can have a significant impact on the success of your sports program.
  3. The loss record of your insurance program must be protected against serious losses to prevent future rate increases.

Supervision in the context of amateur sports is defined as overseeing the activities of the sports program. This includes recognizing potential hazards, implementing risk management measures, and monitoring for compliance. For our purposes, we break supervision down into two categories: general supervision and specific supervision.

General Supervision

The responsibility of general supervision falls on your risk management officer and other administrators (such as officers and board members). It is their duty to oversee the big picture of your risk management Instruction in amateur sportsprogram. They do this by instructing, training, and monitoring staff members on how to carry out their own duties of supervision.

Meeting the standard of care

The basic steps required to be taken under general supervision include appointing a risk management officer and adopting a written risk management plan. We offer templates on our risk management page to help you accomplish this task. Also important is selecting suitable staff and monitoring staff performance of their duties. This means screening staff with applications and background checks. Staff training or certification is key. We recommend seeking out a credible organization such the National Alliance for Youth Sports for such training. An integral part of any risk management plan is being able to document everything you’re doing. This certainly holds true for your policies and procedures regarding supervision.

Specific Supervision

Administrators should consider three basic questions regarding supervision.

  • What is the player to coach/trainer ratio?
  • In which area(s) are coaches/trainers trained and certified, if any?
  • Are policies in place regarding supervision, and if so is there accountability regarding current policy?

The liability risk of any sports program can be reduced greatly if the following guidelines regarding supervision are followed:

Rowdiness: Horseplay and roughhousing of participants and those on the sidelines ends in a great number of senseless and avoidable injuries in youth sports. Injuries can range from a player falling/jumping off bleachers to a teen athlete having an accident in the parking lot while showing off. Nonetheless, it is the coach’s responsibility to properly supervise players and keep them safe. Staff should be aware of this, recognize these activities, and put a stop to them using appropriate means. The first step in doing so is having an adequate number of coaches and staff members present and alert. Getting the buy-in from parents is also key to keeping such behavior to a minimum.

Supervisor-to-Participant Ratio: The ability to adequately observe, instruct, supervise and correct only occurs when an appropriate number of staff supervisors are present at an activity. Arrange ahead of time for sufficient team supervision during practices, games and extracurricular activities.

Supervisor Location: The staff supervisor should always be in close proximity to an activity. This means he or she should be able to personally observe, instruct, supervise and correct. This applies to sports activities and non-sports extracurricular activities, i.e. team outings, backyard cookouts, etc. One example of this type of situation is the drowning of a player who attended a team picnic. Another is children causing damage while climbing on a water fountain at an awards banquet.

Participants Size, Age, and Skill: Never mix participants of various sizes, ages, and skill levels. All too often we’ve seen injuries result when a younger team scrimmages an older team outside of age range. The sports organization should be restricting age range categories and prohibiting any play against outside competition if participants fall outside of these categories. Staff members of individual teams should not match players of different skill levels or sizes in dangerous drills. And staff should, of course, never personally injure participants during practice instruction.

Instruction

Instruction goes hand-in-hand with supervision because the instructor is a supervisor. Many sports organization require formal training for their coaches through organizations such as the National Alliance For Youth Sports. The training covers general topics that are common to all coaches such as the psychological needs of youth and how to respond to injuries as well as a sport specific segment. Such training can also be required by state legislative law and by municipalities as a pre condition of being able to use the fields. Such formal programs may satisfy the legal requirement for instruction training. Again, following the guidelines below greatly reduces the risk of liability.

Sport-specific techniques

Administrators should require coaches to follow best-accepted practices for teaching sport-related techniques. Coaches should receive continuing education on the latest techniques on how to run a practice and how to teach technical skills.

Put particular emphasis on the more hazardous areas of the specific sport. For example, the position of the player’s head during a tackle is a fundamental area of instruction. Likewise, in baseball/softball, it’s critical that athletes are taught the proper method for avoiding a wild pitch or how to slide  into a base.

Review of Safety Rules and Procedures

The governing/sanctioning body or sports organization should require a pre-season a review by administrators and staff of any rule changes. Likewise, a review of rules and policies with players should take place before every season and a review of specific rules prior to every practice and game.

Observations

The vast majority of lawsuits filed against clients of Sadler sports and recreation insurance allege lack of supervision and instruction. The alleged negligence is both at the administrator level due to lack of planning/oversight and the staff level as well. In particular, we have seen a number of serious injuries and resulting lawsuits arise from mixing participants of different sizes, ages, and skill levels.

The Importance of Prompt Reporting of Injuries

What can happen when evidence is no longer available

Kim Marshall was injured while working out on a treadmill at Bally’s in Tacoma, Washington. As a result of her injuries, Marshall filed suit against Bally’s Pacwest, Life Fitness, the company that manufactured and owned the treadmill, and Washington Athletic Repair, the company that installed and maintained the treadmill. There were some discrepancies as to what actually caused Marshall to be ejected from the treadmill, and it was this discrepancy that led to the dismissal of her suit.

The following facts where established in Marshall’s original deposition: She set the treadmill at 2.5 miles per hour for fifteen minutes. The treadmill abruptly stopped at thirteen minutes. Ms. Marshall reset the machine, but it restarted at 6.2 miles per hour instead of the slower pace she had initially programmed. This sudden start threw her backward, causing her to strike her head against a plexiglass wall. The blow to the head resulted in a brain injury.

However, when questioned at trial, Ms. Marshall said she could not remember anything after resetting the machine. She could not recall the speed the machine restarted at or even if she was thrown backward into the plexiglass wall or to the side against something else. Her attorney stated that she had a two-week memory lapse following the brain injury.

The trial court concluded that once she testified in court that she could not remember what actually happened after she reset the treadmill, she could not point back to her deposition and assert that previous testimony as fact. And because she could not tell the court what the machine did when she reset it, she had no proof that the machine malfunctioned at all. The court reasoned it was just as likely that she tripped, fainted, or fell after resetting the machine because there is no other evidence to establish what happened.

Marshall attempted to win on another legal theory called spoliation, which is the intentional destruction of evidence. This theory is based on the assumption that, when one party intentionally destroys evidence relevant to a case, that evidence must have been unfavorable to them. In this case, Marshall’s injuries occurred in May 1993, and her attorney did not ask to examine the treadmill until September 1997. After Marshall’s injury, the treadmill remained in use at Bally’s. In November 1993, Washington Athletic replaced the CPU in all Life Stride 9500 treadmills, including the one at issue. Marshall’s attorney had not requested that the CPU be preserved. That same treadmill remained operational until April 1997, when its frame broke. At this time, the machine was returned to Life Express for replacement. The court concluded that, because Marshall’s attorney did not request to inspect the machine until four years after the incident, Bally’s could not be held accountable for having destroyed evidence.

Finally, the court also took into account the waiver clause in Ms. Marshall’s Membership contract with Bally’s. The clause stated, in part, that

“the club member is “voluntarily participating in these activities and assume(s) all risks of injury… that might result” and that the member agrees “to waive any claims or rights (the member) might otherwise have to sue (Bally’s) a factor, the court took into consideration when dismissing Marshall’s claim the fact that she could not prove that her injury resulted from any malfunctioning of the treadmill she was using. “–   Marshall V. Ball’s Pac West, Inc., 972 P.2d 475, (Wash.1999).

In My Opinion

Proper accident and injury reporting can go a long way in documenting proper practice and enhance the ability to succeed in litigation.  In the above case, if witnesses observed that the plaintiff tripped and wasn’t thrust from the treadmill as she stated, the claim could have immediately been dismissed, thus avoiding expensive legal defense fees.  Prompt accident investigation procedures including written witness statements are important.

Article Compliments of From the Gym to the Jury, Volume 1, Number 1.

Client Profile: Fitness Pioneer Phil Campbell and Sprint 8 Workout

It all started with a small group speed lesson for the Sadler family

In 2006, my family visited Phil Campbell, M.S., M.A., FACHE, ACSM-CPT, for speed training in Jackson, Tennessee. My wife and I were surprised to learn that we were expected to take the training along with our kids. We were amazed at the improvement between our “before” and “after” times using Phil’s techniques and that we did not pull any muscles! In addition, our kids learned some basic speed techniques Sports Instructor Insurancethat served them well throughout their athletic careers.

The added bonus was the Sprint 8 workout that Phil introduced to us. Two of my kids are in college now and they always have time to work Sprint 8 workouts into their busy schedules.  Our family continues the workout together whenever the kids are back from college. We just find a track, field, or paved straight away and “work the plan.”

Phil is now a client of Sadler Sports Insurance under our individual sports instructors program which provides General Liability / Professional Liability coverage.

Sprint 8 workout was years ahead of its time

For decades, the medical and fitness community touted slow and boring cardio. However, cardio hasProfessional liability insurance for fitness instrucctors not proved to be beneficial for most adults when it comes to fat loss. But Phil was one of the first to promote his version of high intensity sprint interval training (Sprint 8) with the release of natural human growth hormone (HGH) and the associated health benefits, including fat burning. In his book Ready, Set, GO!, SYNERGY FITNESS for Time-Crunched Adults Phil explains the science behind his claims, including documentation of the scientific tests. The original version was published in 2001 with the second edition released in 2006. The book also introduced step-by-step instructions on his Sprint 8 workout. Phil’s techniques have been publicized in Oprah’s magazine,The Los Angeles Times,Outside Magazine, and Personal Fitness Professional as the fastest and most beneficial workout for busy adults.

Slow cardio is dead, HIIT is better, but Sprint 8 is the best

Slow cardio was king for decades with its benefits being recommended by the American Heart Association and most health care professionals. But it has proven to not be an effective fat reducer and the workouts require a time commitment of at least 40 minutes.  HIIT workouts (high intensity interval training), which went mainstream about five years ago, exposed slow cardio and  proved to be a more effective alternative. But high intensity sprint interval workouts are even more effective than HIIT.  The Sprint intervals, which can be completed in about 20 minutes with only 4 minutes dedicated to high intensity sprint, are much more intense and tests show that they release a greater amount of HGH.

The Sprint 8 Cardio Protocol

Phil’s latest book, Sprint 8 Cardio Protocol, outlines how to implement sprint training on the track, in a pool, on a recumbent bicycle, and on an elliptical for maximum health benefits. It also provides a detailed scientific explanation of the changes that occur within the body during a high intensity Sprint 8 workout.

My personal experience is that sprinting on an elliptical is more taxing than regular sprinting. Also, an elliptical reduces the chances of a hamstring pull. For more information on Phil’s books and services, visit his website at www. 40speed.com

Medical Emergencies in Youth Sports

CPR and first aid training for coaches is critical

Sadler Sports and Recreation Insurance has always been a strong advocate of youth sports coaches and volunteers receiving first aid and emergency training. Injuries and medical emergencies can occur anywhere, at anytime to anyone, especially in a sporting environment. Coaches and other adults in attendance during practices and play have to be able to respond in such cases. Unfortunately, only 40 percent of youth coaches have any safety training, according to a 2012 SafeKids Worldwide survey.

There’s really no excuse for such lack of training because certification classes in first aid and CPR are offered in every community for free or very little cost. It’s the responsibility of the sports organization and local community to ensure that coaches and volunteers have access to the training needed to respond appropriately to an injury or life-threatening event.

Empowering your volunteers

In particular, the education of volunteers in safety procedures strengthens the sports program. Volunteers offer their time and energy in so many capacities. They should be given the tools they need to be an even greater help, which means safety training or recertification at no cost to them. And it’s important to remember that coaches and volunteers serve as safety role models for the youth with whom they’re working. Older athletes should be encouraged to register for CPR and first aid certification courses, as well.

No matter what sport you’re involved with, the unexpected can occur. Here are a few examples of emergency situations where immediate administration of first-aid made all the difference to the injured person.

  • An Alabama high school football player collapsed during the first practice of the season. Coaches and the athletic trainer sprang into action, quickly determining a case of cardiac arrest after seeing no signs of concussion, heat stroke or dehydration. The trainer used the school’s AED while waiting for EMTs to arrive on the scene. The teen survived, thanks to the safety training his coaches had received.
  • An Oregon varsity high school basketball game was unexpectedly interrupted when an official collapsed on the court. Quick thinking staff, students and medical professionals in the stands rushed to his aid, administering CPR until an ambulance arrived.
  • An 8-year-old youth baseball player collapsed after being hit in the chest by a batted ball. It was his good fortune that two off-duty paramedics who were in the stands were able to administer CPR until paramedics arrived and transported him to the hospital.

You can’t count on there being someone nearby who will know what to do in a medical emergency. Whether the injured person is one of the athletes, a trainer, an official or a fan in the stands, the coaches are who people will look to for help in an emergency.

Getting the necessary training

The American Red Cross offers CPR/AED training as well as specific first aid, health and safety training for sports coaches. Because CPR techniques and use of AEDs on children and adults differ, it’s important that coaches receive training for medical assistance for both age groups

The National Alliance for Youth Sports encourages all volunteer coaches get CPR training. Their website offers member coaches access to a first aid and CPR section full of safety information, including how to develop an emergency action plan. NAYS also offers free concussion training for coaches and volunteers.

Injuries at Gyms and Homes

Thousands suffer in pursuit of fitness

Fitness Instructor Insurance and Health Club Insurance is in high demand due to frequent gym injuries.

According to the U.S. Consumer Product Safety Commission, the following injury statistics occurred in 2009:

  • 1500 emergency room visits resulting from equipment related
    mishaps in gyms
  • 50,000 emergency room visits from home exercise equipment incidents including treadmill falls, exercise ball falls, elastic stretch band hits to face, and dropping free weights on feet.
  • Treadmills are the number one cause of equipment related injuries with 575 occurrences of falling off and tripping
  • Weight machines and free weights caused 224 injuries.
  • Common gym equipment related injuries include broken ankles,fractured arms, fractured legs, and fingertip amputations.

Fitness instructors cite the following reason for gym/exercise related injuries:

  • Inattention due to Ipods, cell phones, and reading
  • Using equipment for the first time without proper instruction
  • Working out too hard, too soon after a period of inactivity.

Source: http://www.msnbc.msn.com/id/35127528/ns/health-fitness/

Use of Defibrillators in Fitness Clubs (Infographic)

Looking at the legal issues

The use of automated external defibrillators (AED) in a health club can save lives, but their existence and use also carries some heavy responsibilities.  If your club maintains an AED either voluntarily or per state law requirements, you and your staff have specific mandatory legal responsibilities toward potential victims of on-site cardiac failure. Failure to comply can result in liability.

[sc:InfoGraphic imagealt=”AEDs” imageurl=”https://www.sadlersports.com/wp-content/uploads/2014/05/AEDs.jpg” imagewidth=”440″ imageheight=”1230″ permalink=”https://www.sadlersports.com/blog/automated-external-defibrillators-aeds-fitness-clubs/” infographictitle=”AEDs” ]

 

Mandated Legal Responsibilities

While many businesses are mandated by law to include AEDs in their emergency plan, only California, the District of Columbia, Illinois, Indiana, Massachusetts, Michigan, New Jersey, New York, Pennsylvania and Rhode Island have laws requiring them in health clubs.

However, the American College of Sports Medicine (ACSM) and the American Heart Association (AHA) highly encourage health clubs to maintain an AED and train their staff on  their proper use.

If your facility meets any of the following criteria, both the ACSM and the AHA recommend  AED placement and training:

More than 2,500 members

  • Classes or programs for high-risk populations
  • Access to emergency personnel or facility typically takes longer than 5 minutes

Managing the Risks

Facilities with defibrillators are required to provide staff training and certification in correct use and to keep them properly maintained, which includes regular inspection and testing. Training usually includes completion of a CPR course that meets American Red Cross or AHA standards. Any emergency plan that includes the use of AEDs requires review by a licensed medical doctor.

Negligence lawsuits can result from errors, but noncompliance with any state or federal regulations can also expose your health club to liability.

Good Samaritan laws provide some immunity from liability for emergency health service providers, but reckless or gross negligence isn’t included.

Protecting your fitness center from liability claims

Did you know that liability protection is critical for health clubs and fitness centers? It only takes one injury-related lawsuit to financially ruin your organization. Having the right insurance protection offers you peace of mind.

Finding the right insurance coverage doesn’t have to be difficult or confusing. The SADLER insurance experts  understand your needs and the unique risks associated with your fitness facility.

If you would like to learn more about liability prevention or want to get a customized insurance quote, apply online now or telephone us 800-622-7370. It’s obligation free and most quotes can be sent in a few hours. There’s no application fee and we offer the most competitive rates in the industry, so what do have to lose?

Source: “Risk Management: Is Your Club Compliant or Complacent?” IDEA Health & Fitness Association

Coronary Artery Disease

Know who you’re training inside and out

Personal training can be a tricky trade when you are training a healthy client. Throw heart disease into the mix and your challenges rise, as does your increased liability.

Clients come to you for advice because you are the professional in this field.  Make it a point to learn about specific diseases and conditions that you discover about your client during your initial interview prior to putting them on a routine, working them out in the gym or providing other advice.  This is information not every client knows to share unless asked – and it’s information that is your responsibility to know.

Unfortunately, some instructors may assume that because they have purchased personal trainer liability insurance, they are protected from being sued. You need the proper coverage to protect you from the various risks to which you are exposed. Don’t think in terms of “if I’ll be sued,” but rather “when I’m sued.” Be sure to keep detailed documentation on all of your clients because you don’t know everything about the person hiring you as their trainer.

Just as important, make it a point to read informative articles and stay abreast of the constantly changing research and developments found at the American Heart Association.