7 Matching Annotations
  1. Aug 2023
  2. drive.google.com drive.google.com
    1. The court heldthat an ordinary negligence standard did not apply in this sit-uation.18 The court held that “[t]o successfully plead a causeof action for failing to adequately enforce the rules in anorganized full-contact sport, plaintiff must allege that thedefendant acted with intent to cause the injury or that thedefendant engaged in conduct ‘totally outside the range ofthe ordinary activity’ involved with coaching or officiating thesport.”

      The court ruled in the correct direction in my opinion. This shows that enforcing rules and guidelines needs to be taken seriously. If not, someone could be seriously hurt.

    2. Immunities are also available in civil rights cases. InLivingston v DeSoto Independent School District et al,23 a highschool student became seriously ill after running on an out-door track as part of training activities for the girls’ basketballprogram. The coach took her to the school’s athletic trainingroom and the head athletic trainer diagnosed her with heat-stroke. She was taken to the hospital and died.

      Practicing safe guidelines in practices and games should be a priority for coaches. In some instances, it can be a rare freak accident. But prevention needs to be taken into account.

    3. From state to state, however, Good Samaritan lawsvary greatly, both as to the categories of people the stat-utes protect, and as to the circumstances in which they apply.

      Not all states have the same laws so it's interesting to know that the good Samaritan law has different variations and standards in different states.

    4. Good Samaritan statutes only apply in certain circumstances.Most states provide immunity for acts or omissions of per-sons who render care only when that care is provided (1) inan emergency7,33,38 ; (2) at the scene of the emergency39 ; and (3)without compensation.

      I'm very familiar with the good Samaritan law. I thought this was an interesting point in this article. There have been circumstances where people are just trying to help and get attacked for it.

    5. An example of the legislature modifying or trumping the com-mon law is the enactment of statutes that limit the liabilityof state employees, such as coaches and medical personnelemployed by state schools. The immunities available to stateemployees will depend on the nature of the conduct at issueand whether willful and wanton conduct was involved. Forinstance, intentional acts such as assault and battery will notbe immunized from suit.

      Legislative guidelines that are put in place protect coaches and athletic staff in case of freak accidents. The examples showed further in the paragraph of why this was put in place.

    6. To be familiar with features of concussion2. To evaluate player who appeared to have suffered headinjury for symptoms of concussion3. To repeat evaluation at intervals before player would bepermitted to reenter game

      Concussion protocol is not something to mess around with. If an athlete is in any type of situation involving a head related injury. They need to be evaluated. Sometimes the athlete may not have symptoms until the next day. Evaluations on the athlete need to be considered until they are okay.

    7. The standard ofcare is defined by common law principles and may be furtherdefined by state and federal statutes, publications from orga-nized governing bodies, as well as directives or recommen-dations published by state athletic associations, student hand-books, and memorandum and e-mails generated by schoolofficials, administrators, and athletic directors, among others.

      Standard of care should be known to any person involved in any sports derived department.