SHOWTIME!!
Legal Issues in Training
Day 28
Reference: Earle and Baechle - Chapter 25
The Perils of Litigation
• Increased litigation in society
• Competent trainers should become familiar
with and practice the application of
professional standards as a means to avoid
possible litigation
• Proper training and certification by reputable
organizations (e.g., ACSM and NSCA)
• Knowledge of and respect for the legal system
enables one to become a more competent trainer
and lessens the chances of being involved in a
litigation
Tort Law
• Trainers are most likely to be sued under tort law
as a result of negligence due to substandard
performance
• Tort law is any wrongful act that does not involve
a breach of contract and therefore may be cause
for a civil suit
Five Aspects of a Successful Tort
The basic elements of a successful tort are
fivefold, in that once a legal duty (#1) has been
established and this reality is coupled with the fact
that a documented breach (#2) of that duty was
the actual or proximate cause (#3) of verified
insult, injury, or damage (#4), then compensation
or damages (#5) can be awarded
If identified as a defendant in a lawsuit,
during a testimony or deposition related
to the lawsuit, trainers must be able to
document their qualifications and
competencies as well as the guidelines,
standards, and procedures that they
were following
Negligence
• Should be a primary concern of all trainers as well
as employers of trainers who may be liable for
negligence of the trainers under a legal doctrine
called respondent superior
• Negligence is the failure to conform one’s
conduct to a generally accepted standard
Four Elements of Negligence
• Duty - an obligation to conform to a certain conduct that
reflects the standard of care
• Breach of Duty - conduct of trainer was not consist with
the standard of care
• Causation - breach of duty must be the true cause of the
injury or damage
• Damages - loss due to the injury which may be either
economical or non-economical
All four elements must exist for negligence to exist
Duty and the Trainer
“Standard of Care”
• Established by examination of :
• The standard of practice developed and
published by professional organizations such
as ACSM’s Health/Fitness Facility Standards
and Guidelines and NSCA’s Strength and
Conditioning Standards and Guidelines
• The special or unique relationship that exists
between the trainer and the client/athlete
Considerations to Reduce Liability Exposure
• Complete informed consent, assumption of risk, and
agreement to participate documents
• Preparticipation screening and medical clearance
• Perform appropriate fitness testing
• Personnel qualification
• Optimal program design based on needs and goals
• Program supervision and instruction
• Facility and equipment setup, inspection, maintenance,
repair, and signage (Safety!)
• Maintain records of inspection, maintenance, and repair
Considerations to Reduce Liability Exposure
• Emergency planning and response
• Client/athlete records and record keeping (maintain
confidentiality)
• Equal opportunity and access
• Participation in strength and conditioning activities by
children
• Supplements, ergogenic aids, and drugs
• Compliance to all relevant laws, regulations, and
published standards
Considerations to Reduce Liability Exposure
• Trainers are “suspecticians” not “diagnosticians”; that is, although
trainers may feel that a particular diagnosis is likely, they may not
make medical diagnoses and prescribe treatment
• The proper scope of practice for trainers includes assessing,
motivating, educating, and training clients/athletes; it does not
entail diagnosing, treating, or counseling, which are responsibilities
of licensed health care providers
• Emergency plans should be rehearsed (announced and
unannounced) on a regular basis and followed up with timely
critiques and corrective actions
• Having emergency oxygen and automated external defibrillators
(AEDs) available reflects a professional commitment to an
emergency response
• Have liability insurance, particularly if the trainer is a
self-employed, independent contractor
NSCA’s Ethical Standards
for Trainers
• Respect rights, welfare, and dignity of all
individuals
• Provide equal and fair treatment
• Provide and maintain a safe and effective training
environment
• Comply with all general laws
• Accept the responsibility for sound judgment
• Respect the confidentiality of an individual
• Be accountable
NSCA’s Ethical Standards
for Trainers
• Refer individuals to more qualified professionals when
appropriate
• Remain current through continuing education activities
• Avoid behavior and conduct that would constitute a
conflict of interest or actions that adversely reflect on the
profession
• Strive to safeguard the public by reporting ethical
violations
“It’s okay to be a tattle tailor or whistle blower”
Making the Protective Documents Enforceable
• Have a knowledgeable lawyer review the documents
• Protective documents are contracts and can only be signed by an
adult; obtain parental signatures for minors
• Informed consent form should be completed and signed before any
preparticipation screening or fitness testing occurs
• All documents should be administered properly allowing for
adequate time for completion and administered by a well-trained
employee who can explain the documents
• Protective documents should be stored in a secure place for an
adequate amount of time, which may be up to four years after the
relationship with a client/athlete has ended
• Exculpatory clauses or waivers of liability, which state that the
client/athlete releases the trainer from any liability associated with
negligence by the trainer, are generally unenforceable
Comments?
Questions?
Thank You Very Much!!