About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

17 J. Legal Aspects Sport. 107 (2007)
Headfirst Aquatic Incident Court Decisions: The Plaintiff's Odds

handle is hein.journals/jlas17 and id is 111 raw text is: Headfirst Aquatic Incident Court Decisions: The Plaintiffs Odds ANNIE CLEMENT Saint Leo University & KADENCE A. OTTO Western Carolina University Swimming and diving are among the most popular sport and recreational activities in the United States. Within these activities is one of the most serious injuries in all of sport - the headfirst water entry injury. The National Spinal Cord Injury Association Resource Center estimated that the number of persons living in the United States in 2003 had sustained permanent spinal cord injury from diving (headfirst entry) to be between 13,250 and 21,200 (National Spinal Cord Injury Statistics, 2006). Present (1989) and Gabrielsen and Spivey (1990) published comprehensive studies on headfirst injuries resulting from entry into water for recreational purposes. Present (1989) analyzed descriptive data of headfirst injuries reported to the National Electronic Injury Surveillance System (NEISS) for a single year. Over a fifteen-year period, Gabrielsen and Spivey (1990) examined 486 court decisions and cases settled out of court. The following study was inspired by the rigor of Present's research design and report, and the depth of information gained by Gabrielsen and Spivey in examining the results of cases. The purpose of this study was to investigate the results of published court decisions involving headfirst entry into water from 1990 to June, 2005, and to determine the factors that support the plaintiff who has the greatest chance of success in a court of law. Although tort law is state specific and attorney skill and diligent discovery efforts play a key role in success in the courts, the results of this research will provide attorneys, risk managers, and administrators a general idea of the odds of the plaintiff winning in a court of law.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most