Legal Issues in Training

Legal Issues in Training - SHOWTIME! Legal Issues in...

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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
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This note was uploaded on 09/08/2010 for the course KIN 155 at San Jose State University .

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Legal Issues in Training - SHOWTIME! Legal Issues in...

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