Assumption of risk by ab1W51


									Assumption of risk
Linda Cameron
     The athletic trainers role

• Prevention
  – Educate about risks when participating
  – Pre-participation physicals
  – Make sure participant has protective
  – Identify safety hazards
    • Activity areas
    • Equipment
  – Environmental and physical conditions of
        Ways to prevent injury

• Know your participants
  – Physical limitations and medical history
• Be attentive
  – Watch what your participants are doing
• Safety equipment
  – Updated; in good condition
• Know the activity area
  – Look and know potential dangers
     • “We can look for some, but others will never be
        Assumption of Risk

• Attempts to inform participant that there
  is a possibility for injuries while
  performing activity
• “The permission form (slip)”
   Problems with assumption of
           risk forms
• Parents/Guardians don’t READ the form
• Does not protect you from negligence or
  void the duty to act
  – Statute of limitation- a period of time where
    participant (or parent/guardian) can sue for treatment
    or neglect of an injury (1-4 yrs)
• Usually doesn’t state how an injury will
  be treated if one occurs
• Although forms state the fact there is a
  possibility of injury, some participants
  look past the “small print”
• There is a chance if they get injured
  they will find a way to blame you for
           Examples of cases

• Wu vs. Shattuck-St. Mary’s School (Civil
  No. 03-4870) Minnesota
  – Mother signed forms allowing daughter to
    participate in school activities
  – Daughter sustained severe head injuries due
    to being hit with golf ball during golfing class
  – Parents sued school for teachers negligence
  – Ruling: resolution dispute among themselves
         Examples (cont)

• Hughes vs. Seven Springs Farm Inc
  (No 81) Pennsylvania
  – Skier was injured by another skier who was
    behind her
  – Assumption of Risk located on the ticket
  – Skier entered a business relationship
  – Ruling: Seven Springs Mt. Resort not
• The previous examples show where the
  assumption of risk form has protected
  the activity center.
• There are cases in which the
  assumption of risk did not hold value in
• Allen vs. Dover Co-Recreational Softball
  League (No. 2001-457) New Hampshire
  – Plaintiff participating in organized
    recreational softball game
  – Attempted to sue all the organization
    involved with the tournament: ASA, the
    league, team sponsors, American Legion
    (owners of the field), and the insurance
  – Ruling: both the defendant and plaintiff
    found at fault and the case was dismissed
• As shown in the previous case, injured
  participants don’t only go after one
  involved party.
  –   League              Coach
  –   Team sponsors       Athletic Trainer
  –   ASA                 Athletics Dept.
  –   Insurance company   School
  –   American Legion     NCAA

• Have participants sign assumption of
  risk forms
• Educate- verbally tell them there is a
  risk; teach them proper
• Watch- inform them if they are doing
  something harmful
• Document- have proof that you took
  action to protect your participant,
  have them sign if possible.

To top