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Legal Issues in Training

• Day 28
• Reference Earle and Baechle - Chapter 25

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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

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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

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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

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• 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

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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 ones
  conduct to a generally accepted standard

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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

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Duty and the TrainerStandard of Care

• Established by examination of
• The standard of practice developed and
  published by professional organizations such
  as ACSMs Health/Fitness Facility Standards and
  Guidelines and NSCAs Strength and Conditioning
  Standards and Guidelines
• The special or unique relationship that exists
  between the trainer and the client/athlete

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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

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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

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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

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NSCAs 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

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NSCAs 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
• Its okay to be a tattle tailor or whistle
  blower

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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

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Comments?Questions?
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• Thank You Very Much!!