/ WASHINGTON INTERSCHOLASTIC ACTIVITIES ASSOCIATION
435 Main Avenue South, Renton, WA 98055
(425) 687-8585 Fax: (425) 687-9476
Internet address www.wiaa.com

Presenter: Don Austin

Position or Title: Attorney

TOPIC: “Protecting Yourself from Liability by Understanding Standard of Care in Coaching”

Brief description of your Sessions:

1.  Definition of the legal concept of Standard of Care

  1. WPI Jury instruction
  2. Washington law relating to coaching Standard of Care (brief synopsis of the leading case or statute in each of the following areas)
  3. Training of Coaches
  4. Supervision of Athletes
  5. Proper, Well Maintained Equipment
  6. Safe Facilities
  7. Proper injury management
  8. Zack Lystedt Law (head injury response standard of care)
  1. Who decides?
  2. 12 people who may know nothing about your sport.
  3. The problems with Hindsight.

2.  Does Standard of Care change?

  1. Examples of Changes:
  2. Flying wedge, helmets, facemasks, spearing
  3. Baseball helmets, dragging fields
  4. Wrestling and weight loss rules
  5. Basketball space between the backline and any walls
  6. The Zack Lystedt Law and Concussion and Head Injury Assessment
  7. By keeping current in your sport you will know what the standard of care is

3.  How Standard of Care is defined in litigation.

  1. By other coaches, after the fact
  2. By your Coaching Handbooks
  3. By the training you have received
  4. By the Zack Lystedt Law regarding return to play
  5. But ultimately jurors who may not understand your sport, who may be influenced by sympathy, and who may be infected by Hindsight.
  6. Listening to testimony
  7. Sometimes viewing a DVD or Video of the accident
  8. Sometimes seeing the plaintiff wheeled into the courtroom in a wheelchair

4.  How Catastrophic Sports Injuries Occur

  1. Fred Mueller, Ph.D.’s records
  2. Be aware of the specific risks in your sport
  3. Have an understanding why the particular area is a risk
  4. Have a plan for addressing the risk in your coaching

5.  Case studies regarding Standard of Care.

  1. Football catastrophic injury.
  2. Wrestling catastrophic injury.

6.  What to do to provide evidence that you meet the Standard of Care

  1. Meeting Standard of Care is important
  2. Being able to Document that you meet Standard of Care is more important in litigation
  3. Adequate Coaching Handbook
  4. Concussion and Head Injury Return to Play Guidelines
  5. Injury management
  6. Training requirements
  7. What to do regarding facility and premises risks
  8. Training:
  9. All coaches are WIAA Qualified
  10. Yearly Rules Clinic requirements met
  11. Regular Coaching Clinic clock hours
  12. Parent meeting advising of the risks of the sport, in addition to everything else, including Lystedt Law information sheet signed by parent
  13. Practice Plans in writing
  14. Written practice schedules

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