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10 Stellenbosch L. Rev. 158 (1999)
The Liability of a Coach for a Sport Participant's Injury

handle is hein.journals/stelblr10 and id is 166 raw text is: THE LIABILITY OF A COACH FOR A SPORT PARTICIPANT'S INJURY JMT Labuschagne* MA DPhil LLD Professor, Uni'ersity of Pretoria Julia M Skea BLC LLB Candidate Attorney, Pretoria 1 Introduction The concept coach, in sport (or athletic) context, is used to describe a person who trains a sportsman (or an athlete) or a team of sportsmen (or athletes).' At amateur level, a coach is normally responsible for developing athletes in preparation for the next level of competition or for the next contest and, at professional level, he/she is responsible for eliciting the most talent from the athletes in his/her care, or for turning around a franchise and leading the team to a championship.2 Serious injuries, paralysis and even the death of participants in sporting contests are increasing world-wide at an alarming rate.3 More responsibilities are progressively placed on coaches and other officials to prevent or minimise injuries to athletes.4 If certain requirements are not met, they may be held delictually, and even criminally, liable.5 It is legally expected from schools and other educational institutions to take care that athletes and students do not participate in sport activities in circumstances creating an unacceptable high injury risk.6 Eser7 correctly remarks that sport does * Part of the research on which this article is based, was undertaken in 1997 at the Ludwig-Maximilians Universitdt (Munich, Germany) with the financial assistance of the Alexander Von Humboldt-Stiftung and the University of Pretoria. A further part of the research was undertaken in 1998 at the Northwestern University in Chicago (USA) with the financial support of the University of Pretoria. The views expressed in this article are not necessarily shared by these institutions. 1 See McCaskey & Biedzynski A Guide to the Legal Liability of Coaches for a Sports Participant's Injuries 1996 Seton Hall Journal of Sports Law 7 8. 2 McCaskey & Biedzynski 1996 Seton Hall Journal of Sport Law 10. 3 Labusehagne Straf- en Delikregtelike Aanspreeklikheid vir Sportbeserings 1998 Stellenbosch LR 72; Rensing v Indiana State University 437 NE2d 78 89 (1982); R v Smithers 1978 1 SCR 506; Atkinson Worker's Compensation and College Athletics: Should Universities be Responsible for Athletes who Incur Serious Injuries? 1983-1984 Journal of College and University Law 197; Schild Das strafrechtliche Problem der Sportverletzung (vorwiegend im Fupballkampfspiel) 1982 Jura 464 521; White Sport Violence as Criminal Assault: Development of the Doctrine of Consent by Canadian Courts 1986 Duke LJ 1030 1034; Winant Sport en Recht 1982-1983 Rechtskundig Weekblad 2554. 4 Nygaard & Boone Coaches Guide to Sport Law (1985) 51; Anonymous Consent in Criminal Law: Violence in Sport 1976 Michigan LR 148 149. Kelly Sport and the Law (1987) 670-673; Schubert & Smith Sports Law (1986) 200; Greenfield & Osborne Law Crosses the Touchline 1996 Solicitor's Journal 475. 6 Harty School Liability for Athletic Injuries: Duty, Causation and Defense 1982 Washburn LJ 315; Manno A High Price to Compete: The Feasibility and Effect of Waivers Used to Protect Schools from Liability for Injury to Athletes with High Medical Risks 1990-1991 Kentucky LJ 867; Vieweg Der Schfillersportunfallen - Rechtsfolge ftir den Lehrer 1980 Sportunterricht 17; Arr Rechtbank Amsterdam 9 July 1992, NJ 1994 183. 7 Zur strafrechtlichen Verantwortlichkeit des Sportlers, inbesondere des Fupballspielers 1978 Juristenzeitung 368. See also Pr6gler Sport und Recht 1989 Deutsches Verwaltungsblatt 1240 1241;

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