The following negligence claims frequently appear in sports-related injury cases:

 Failure to properly train

 Failure to be properly credentialed
 Inadequate supervision 45

 Failure to properly observe, refer, or stabilize the injured player

 Unequal matching of opponents (boxing)
 Improper return to play   46, 47

 Improper equipment or fitting

 Improper screening or physicals
 Failure to warn of risks
 Failure to enact proper rules for concussions or return to play
 Failure to stop or curtail risky or violent conduct
 Medical malpractice 48

 Negligent hiring or retention of personnel

 Improper design or maintenance of playing field or premises
 Failure to have an emergency medical plan 49

 Improper medical clearance 50

https://us.humankinetics.com/blogs/excerpt/theories-of-negligence-in-sports-
related-injury-cases

Personal trainers are expected, as a part of their certification, to have attained

a level of competency and to adhere to the established standard of care. It is
paramount for professionals to be aware of the latest guidelines regarding
standard of care. A professional failing to act in a reasonable and prudent
manner is said to have committed an act of negligence.

Negligent acts can be defined as an act of omission or an act of commission.

Act of Omission: Failing to act responsibly. Example: A trainer who fails to

spot a client who is lifting a considerable amount of weight.
Act of Commission: Performing an act or allowing an individual to perform
an act that causes harm. Example: A trainer who asks a client to perform a
squat jump, knowing that the client has a knee injury.

ACT OF OMISSIONActions purposefully omitted by you that lead to a situation with

negativeconsequences are called acts of omission.–

Example: not supervising activitiesThese actions would be deemed to be significant and

necessary to carry outprofessional duties.

ACT OF COMMISSIONActions committed by you that lead to situations with negative

consequencesare called acts of commission

Example: threatening students with harmThese actions would be deemed to be significant,

unnecessary, andinappropriate from a professional teacher.

NEGLIGENCELevel of negligence is determined in lawsuits

What part did the teacher play in attempting to avoid conditions that led toinjury?

What role did the teacher play in sufficiently or improperly providingadequate care after an injury?

Did the teacher act contrary to professional standards?

PARTS TO NEGLIGENCE

Duty of care

Breach of duty

Cause

Damage

The one shared factor that all successful personal injury cases have in common is the ability to
demonstrate the other party’s negligence. Negligence is the principal factor used for determining
fault and accountability for reckless behavior that results in injury. When a personal injury attorney
reviews your case, they need to determine if you have a viable case.
What makes a personal injury claim viable can include everything from the statute of limitations to
the cost of proving your case compared to the amount you can be expected to recover. Only an
experienced personal injury attorney can help you truly determine the value of your case.

What is negligence?
Negligence is when someone fails to carry out certain standards of conduct. For example, an
individual does not carry out an act which a reasonably careful person would or does something
which a reasonably careful person would not do, causing harm or loss to another individual.

When a person violates these standards, the law requires the person to compensate the person to who
they caused harm or loss.

Four elements required to prove negligence

There are four key elements in proving negligence. An “element” is a necessary component of a legal
claim. The plaintiff must prove the following to prove negligence:

 Duty of care
 Breach of duty
 Causation
 Damages
If you fail to establish the four elements of negligence, you will not be successful in securing
compensation for your injuries.

Duty of care
The first element of determining negligence is whether or not the defendant owed the plaintiff a
legal duty of care.
There are situations where a legal duty is created in the relationship between the plaintiff and the
defendant. A duty of care arises when the law recognizes a relationship between two parties, and due
to this relationship, one party has an obligation to exercise the same level of reasonable care that
another person in a similar situation would exercise.

For example:

All drivers are expected to maintain their vehicle in safe conditions and operate their vehicle safely
and in accordance with all traffic laws

Business owners have a duty to take reasonable care to ensure their premises are safe for their
customers and employees. This can include regularly inspecting their property for hazardous
conditions and fix it within a reasonable timeframe.

Breach of duty
The next element is for the court to determine if the defendant breached this duty by doing or not
doing something that an average person would do if they were in a similar circumstance.
A jury might likely find a defendant negligent if an average person:

 Knew everything the defendant knew at the time; and

 Would have known his/her actions might cause an injury to someone else; and
 Would have done something different from what the defendant did in that situation.
Below are two examples in which a breach of duty has occurred:

1. A company vehicle does not allow enough stopping distance when approaching an intersection and strikes another
vehicle that was stopped at a red light.
2. A dog owner who knows their dog is very aggressive towards children brings the dog to a tee-ball game, and the
dog viciously bites the child.
Causation (cause in fact)
The third element of negligence is causation. Causation requires a plaintiff to show that the
defendant’s breach of duty was the cause of the plaintiff’s injury and losses.
Another thing to consider is whether the defendant could have foreseen that his or her actions might
cause an injury. If the action caused the plaintiff injury through an unexpected act of nature, then it
would be deemed unforeseeable, most likely making the defendant to be found not liable.

Some examples where cause in fact exists are:

1. The supervisor of a grocery store sees an employee drop grapes in the produce aisle. Neither the supervisor nor any
other employee clean up the grapes promptly and an elderly customer steps and slips on the grapes, breaking her hip. A
broken hip is reasonably related to their breach of the duty of the care because if the store employees had picked up the
grapes, the customer would not have slipped and fallen on the floor.
2. A driver doesn’t stop at a crosswalk and strikes a pedestrian in a parking lot, causing the pedestrian to suffer a
broken leg and severe bruising. The pedestrian would not have been harmed if the driver did not strike him. The driver’s
failure to exercise reasonable care while driving in the parking lot is reasonably related to the victim’s injuries.
Proximate cause
A proximate cause is an event related to an injury that the courts feel to be the cause of said injury. It
is an action that produced foreseeable consequences without intervention from anyone else.
Proximate cause is also known as a legal cause.
An example of proximate cause is:

An ambulance flips over on the way to the hospital after aiding individuals in a different car wreck.
There is no proximate cause tied to the car wreck that the emergency services were called to initially.
A party is not liable for harm sustained resulting from actions taken as a result of initial causation.

Damages
Damages are the final element of negligence. Because the plaintiff suffered injury or loss which a
reasonable person in that same situation could expect or foresee, monetary compensation may be the
only form of relief for those injuries. Damages include medical care, lost wages, emotional turmoil
and more.
For example, if:

The manager of a sports equipment store displays heavy medicine balls on a flimsy top shelf. The
shelf collapses and the balls start tumbling down rapidly striking a customer on the head and causing
him to suffer a concussion. The customer has to miss several weeks of work and receives a pricey
hospital bill. Monetary compensation will compensate the customer for his injury, lost wages, and
medical expenses. https://www.carlsonattorneys.com/news-and-update/four-elements-negligence
Gym
Duty of care: obligasyon ng coach or manager ng sports gym na alagaan ang player nya and same sa
player nya. Ang obligation ang manager na alagaan, pagandahin at gawing ligtas ang pasiliti pero hindi to
ginwa, may habol sayo yung tao dun kase as maneger duty mo yon, ekis na sya don, edui yung duty care
is hindi na sunod

so dito na papsok yung

breach of duty: yun yung responsibility ng maneger na may agreement kayo na aalagan ka nya pero
hindi nya yon na gawa binreavh mo yung contract

if napatunayan na yung may kapabayaan ay yung maneger at nag cause yon ng injutry or loses sa
costumer, negligence yon pero sabi din dito na If the action caused the plaintiff injury through an
unexpected act of nature, then it would be deemed unforeseeable
for example lumindol,