Keeping Student Athletes Safe & Protecting Against Liability

Author: Attorney Douglas A. Barry

In the summer of 2010, heat has been on everyone’s mind in Virginia as we have experienced one of the hottest summers on record.  But safety was on my mind as I arrived to speak at the Virginia Coaches Association Clinic on July 8, 2010, in Hampton Roads, Virginia.  At the clinic, over 800 coaches, sports trainers and athletic directors were gathered together from across the state of Virginia for continuing education.  Mike Craven of True Fitness Solutions and I partnered to present a seminar on “The Malpractice of Football – Protect Your Players & Yourself.”  While Mike covered the latest information on the dangers of heat, humidity and lack of aerobic fitness to student athletes, I discussed how to protect student athletes from heat-related injury and death, and also how the coaches and administrators could protect themselves from professional liability. The focus was not just limited to football coaches and trainers – we also addressed concerns for all student athletes playing many different sports, including soccer, field hockey, football, basketball, and others.

Surprisingly, and sadly, the number of heatstroke-related deaths for student athletes has not declined significantly in the last 30 years.[1] Mike Craven and his team presented the most recent education and ideas on how to protect students from preventable heat-related injury and death.  Recent studies suggest that a lack of aerobic fitness can play a critical role in a student athlete’s susceptibility to heat exhaustion and stroke. And temperature is not the only factor. Humidity can play a major role in the body’s inability to cool down and get rid of heat.  Mike Craven offered tips and suggestions to protect student athletes, including testing their aerobic fitness so that training can be tailored to athletes at different fitness levels.

Mike explained that student athletes, parents, coaches and trainers should be educated about the signs and symptoms of heat-related illness.  They should also be educated about the importance of proper hydration before, during, and after strenuous activity.  Student athletes should drink plenty of water and sports beverages to replace water and salt, and should also be able to take breaks when needed.  Coaches can also help by making sure student athletes have time to become accustomed to hot weather by increasing practice duration and intensity gradually over a period of time.[2]

When my turn came, I explained to the audience what the professional liability risks are that coaches and administrators face, and how they can protect themselves from gross negligence.[3] Committing gross negligence could result in criminal charges and civil lawsuits if a student athlete is injured or dies from preventable heat-related injuries.  With the twin goals of keeping student athletes safe and giving back to my community by improving safety and spreading safety education, my focus was on safety first, safety second, safety always.  I talked about the responsibility of coaches and trainers to stay educated on how to prevent heat stroke, and to take preventative and precautionary measures using the latest information and science.   The concluding theme of my talk was that keeping student athletes safe is not only the right thing to do and is the coaches’ and trainers’ responsibility, but by meeting that responsibility they  will also protect themselves legally.

About the Author: Doug Barry is a personal injury attorney practicing in Fredericksburg, VA and Richmond, VA. Doug currently serves as the president of the law firm of Allen & Allen.

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[1] “… statistics show that death from exertional heat stroke is more prevalent than ever. There have been more heat stroke-related deaths in sport in the past five-year span than in any other five-year span in the past 35 years…”  Quote from Douglas J. Casa, lead researcher and director of the Korey Stringer Institute at the University of Connecticut, from article “Research Institute Opened in Honor of NFL Star Who Died From Heat Stroke”, 4/20/2010, at http://today.uconn.edu/?p=13041.

[2] For more information, see the National Athletic Trainers’ Association recent report “Preseason Heat-Acclimatization Guidelines for Secondary School Athletics”, at   http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2681206/.  See also the NCAA Report “NCAA resources help student-athletes beat the heat”, at http://www.ncaa.org/wps/wcm/connect/public/ncaa/resources/latest+news/2010+news+stories/august+latest+news/ncaa+resources+help+student-athletes+beat+the+heat.

[3] Virginia law protects public school teachers and schools – including coaches and trainers – from civil responsibility for most acts of simple negligence.  Beginning in 1984, and again in 1988, the Virginia Supreme Court decided cases that held public schools and employees have immunity for most negligence claims (an immunity called “governmental immunity”).   In the 1988 case, a school PE teacher allowed students to play tackle football with no pads or other safety equipment at all, and — not surprisingly — one student was badly injured. The player’s parents sued, but the trial court dismissed the case on the basis that the teacher had immunity.   On appeal, the Virginia Supreme Court held that the coach, as an employee of the public school, did have immunity, and the case was dismissed. See Lentz v. Morris, 236 Va. 78; 372 S.E.2d 608 (1988).  In 1997, the Virginia legislature passed a law that gives further protection to public school teachers.  See Va. Code sec. 8.01-220.1:2. (at http://leg1.state.va.us/000/cod/8.01-220.1C2.HTM).

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