LITIGATION ISSUES FOR COACHES AND TEACHERS, ADMINISTRATORS, SCHOOLS, AND YOUR SCHOOL - PowerPoint Presentation

Slide1

Slide2

LITIGATION ISSUES FOR COACHES AND TEACHERS, ADMINISTRATORS, SCHOOLS, AND YOUR SCHOOL DISTRICT

PRESENTED BY

Dr. Rick

Bettger

Colorado State University

Slide3

Slide4

LITIGATION ISSUES IN SOCIETY TODAY

I.

2 types of Litigation-How are they different?

A. Civil

B. Criminal

II. Shift from Product Liability to Negligence and Why

III. What is Negligence??? Has the definition changed over the year’s??

Negligence

…Is a teacher, coach, administrator, company, corporation, school district:

FAILING

to

ACT

as a

REASONABLE

and

PRUDENT

……. teacher, coach, administrator, company, corporation, school district would have aced in a SIMILAR situation.

 

Slide5

ELEMENTS THAT WILL DETERMINE “IF” THERE IS NEGLIGENCE

*Is it your

J O B??

Was there a

DUTY??

2 Types of Duties----Expressed and Implied

 *Breach of the DUTY----a Fail to Confirm to the STANDARD of CARE or BEHAVIOR

 

*Proximate of LEGAL cause, a reasonable close causal connection between the CONDUCT and the resulting INJURY.

 

*DAMAGE, actual LOSS resulting to the interest of another person.

Slide6

IV.

What are “Legal Duties”?

What “Standards” are we being held too? Have they changed?

V.

Who are the “Players” in a Lawsuit…. What is their roles???

Judge B. Jury C. Defendant D. Plaintiff E. Expert Witness

VI. Legal Duties—2 Types—Expressed and Implied—How are they

different?

Duty to Instruct

2. Duty to Warn (Informed Consent)

3. Duty to Provide Supervision—2 Types—General and Specific

4. Duty to Provide a Safe Environment—Facilitates and Equipment

Slide7

5. Duty to Provide Health Care---3 areas

Pre-Injury Care---Pre-season Programs---Pre-Season Physicals, Conditioning, Programs Etc.

B. Emergency Care---Plan for your Emergency Car3e--- Facilities and Staff

C. Post Injury Care---Rehabilitation and Return to Play Issues

6. Duty to Enforce Rules and Regulation—If NO consequence is there a RULE??

Slide8

7. Duty to Classify and Group

Size

Age

Skills

Sex

Maturity

Experience

8. Duty to Safely Transport

9. Duty to Foresee Potentially Dangerous Situations

10. Duty to Plan

Slide9

11. Duty to Keep Records

12. Duty to Follow Due Process—14

th

Amendment of the U.S. Constitution

13. Duty to PR

AY----JUST kidding!!!!!

Slide10

LITIGATION WHAT TO DO OR NOT TO DO!!

SAY VERY LITTLE OTHER THAN PERHAPS

“

I AM SORRY

” Or simply say “No comment”

FIND AN ATTORNEY THAT KNOWS SPORT LAW.

DISCUSS SITUATION ONLY WITH YOUR ATTORNEY OR UNDER COURT ORDER WITH YOUR ATTORNEY PRESENT.

DON

’

T TALK TO ANYONE ELSE ABOUT THE CASE.

MAKE A WITNESS LIST AND SUMMARIZE THE FACTS AS YOU KNOW THEM.

Slide11

NEVER ADMIT ANY LIABILITY AND DON

’

T POINT FINGERS AT OTHERS, ESPECIALLY OTHER COACHES, STAFF, OR ADMINISTRATION.

AVOID ANY STATEMENTS AT THE SCENE OF THE ACCIDENT-THEY MIGHT HURT YOU LATER.

GET NAMES OF WITNESSES, LATER THEY MIGHT BE HARD TO FIND, ESPECIALLY IF THE WORD GOES OUT THAT A COURT ACTION IS PENDING.

STAY IN CLOSE CONTACT WITH YOUR SCHOOL DISTRICT LEGAL COUNCIL DURING THE ENTIRE PROCESS.

SELECTING OPPONENTS CAREFULLY AVOIDS POTENTIALLY DANGEROUS SITUATIONS.

PURCHASES QUALITY EQUIPMENT-MAKE SURE IT FITS PROPERLY. ESTABLISH AND ENFORCE RULES CONCERNING SAFE USE OF THE EQUIPMENT, YOU MIGHT HAVE TO SHOW

“

HOW

”

,

“

WHEN

”

,

“

HOW MANY TIMES

”

.

Slide12

SAFE FACILITIES AND REPAIR YOU MIGHT HAVE TO DOCUMENT WHEN AND HOW AND WHAT YOU DID.

TRANSPORTATION ISSUES CAREFULLY KNOW THAT THIS IS A BIG AREA OF LITIGATION DISTRICT POLICIES ARE OF IMPORTANCE.

A CURRENT FIRST AID AND CPR CARD MAY HELP YOU IN THE COURT ROOM AS WELL AS WHEN THE INJURY HAPPENS.

KNOW YOUR LIMITATIONS WHEN TREATING INJURIES, YOU

’

RE NOT A DOCTOR, BE CAREFUL.

NEGLIGENCE

…

.ARE YOU DOING WHAT ANOTHER PERSON (COACH/ADMINISTRATOR) WOULD DO UNDER THE SAME SITUATION.

Slide13

THINGS BE A CHANGING!!!!

1967 VS.

NOW

Scenario: Jack goes quail hunting before school, pulls into school parking lot with shotgun in gun rack.

1967- Vice principal comes over to look at Jack’s shotgun. He goes to his own car and gets his shotgun to show Jack.

NOW- School goes into lock-down, and FBI is called. Jack is hauled off to jail and never sees his truck or gun again. Counselors called in for traumatized students and teachers.

Slide14

Scenario: Johnny and Mark get into a fist fight after school.

1967- Crowd gathers, Mark wins, Johnny and Mark shake hands and end up best friends.

NOW- Police called, SWAT team arrives, Johnny and Mark are arrested and charged with assault. Both are expelled even though Johnny started it.

THINGS BE A CHANGING!!!!

1967 VS. NOW

Slide15

THINGS BE A CHANGING!!!!

1967 VS. NOW

Scenario: Jeffery won’t be still in class, disrupts other students.

1967- Jeffery sent to office and given a good paddling by the Principal. He returns to class, sits still, and does not disrupt class again.

NOW- Jeffery is diagnosed with ADD and given huge doses of Ritalin, becomes a zombie, school gets extra money from state because Jeffery has a learning disability.

Slide16

THINGS BE A CHANGING!!!!

1967 VS. NOW

Scenario: Billy breaks a window in his neighbor’s car and his dad gives him a whipping with his belt.

1967- Billy is more careful next time, grows up normal, goes to college, and becomes a successful businessman.

NOW- Billy’s dad is arrested for child abuse. Billy is placed in foster care and joins a gang. State psychologist convinces Billy’s sister that she remembers being abused herself, and their dad goes to prison. Billy’s mom has affair with psychologist

Slide17

THINGS BE A CHANGING!!!!

1967 VS. NOW

Scenario: Mark has a headache and brings some aspirin to school.

1967- Mark takes aspirin in lunchroom and headache goes away.

NOW- Police called, Mark is expelled from school for drug violations. Car is searched for drugs and weapons.

Slide18

THINGS BE A CHANGING!!!!

1967 VS. NOW

Scenario: Pedro fails English in high school.

1967- Pedro goes to summer school, passes English, goes to college.

NOW- Pedro’s cause is taken up by state. Newspaper articles appear nationally explaining that teaching English as a requirement for graduation is racist. ACLU files class action lawsuit against state school system and Pedro’s English teacher. English banned from core curriculum. Pedro is given a diploma anyway but ends up mowing lawns for a living because he cannot speak English.

Slide19

THINGS BE A CHANGING!!!!

1967 VS. NOW

Scenario: Johnny takes apart leftover firecrackers from 4

th

of July, puts them in a model airplane paint bottle, blows up a fire ant hill.

1967- Ants die

NOW- Bureau of Alcohol, Tobacco and Firearms, Homeland Security, and FBI investigates parents; siblings are removed from home; computers are confiscated. Johnny’s dad goes on Terror Watch List and is never allowed to fly again.

Slide20

THINGS BE A CHANGING!!!!

1967 VS. NOW

Scenario: Johnny falls while running during recess and scrapes his knee. He is found crying by his teacher who hugs him to comfort him.

1967- In a short time, Johnny feels better and goes on playing.

NOW- Teacher is accused of being a sexual predator and loses her job. She faces three years in state prison. Johnny undergoes five years of therapy.

Slide21

AND PEOPLE WONDER WHY THIS COUNTRY IS SUCH A MESS

DUHHHHHHHH!!!!!!!!!!!!!!!!!!!!

Slide22

Slide23

Slide24

Former Pleasure Ridge Park High School coach David J. Stinson, 37, was found

not guilty

on Thursday in the death of a player who collapsed at practice. Medical experts for the Defense told jurors that it appeared a combination of heat, use of the dietary supplement Creatine, and ADD drug Adderall, plus being ill were the main factors that contributed to the player’s death, which they called an accident.

Louisville, KY (AP) September 18, 2009