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Hawaii Instruction to Jury - Essential Factual Elements Necessary to Hold an Instructor, Trainer, or Coach Liable for an Injury to a Participant in a Sports Activity

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In a jury trial jury instructions are given to the jury at the end of the case. These instructions are prepared by the attorneys of both parties and presented to the judge for approval. The instructions tell the jurors what the law is and how to apply the law to the facts that have been proven.

Title: Hawaii Instruction to Jury — Essential Factual Elements Necessary to Hold an Instructor, Trainer, or Coach Liable for an Injury to a Participant in a Sports Activity Introduction: Hawaii Instruction to Jury is a legal guideline that outlines the essential factual elements required to establish liability of an instructor, trainer, or coach for an injury sustained by a participant in a sports activity. This description will provide a detailed overview of the relevant factors, laws, and criteria involved in determining the liability of these individuals. Key Elements for Establishing Liability: 1. Duty of Care: The first essential element is establishing that the instructor, trainer, or coach owed a duty of care to the participant. This includes ensuring the safety and wellbeing of the participants during the sports activity. 2. Breach of Duty: To prove liability, it must be demonstrated that the instructor, trainer, or coach breached their duty of care. This could occur through negligent actions or failures that led to the injury of the participant. Examples may include inadequate supervision, faulty equipment, or lack of proper training. 3. Causation: The third crucial element is establishing a direct link between the breach of duty by the instructor, trainer, or coach and the participant's injury. It must be shown that the injury would not have occurred if proper care had been taken. 4. Foreseeability: It is important to establish that the potential for injury was foreseeable by the instructor, trainer, or coach. The defendant must have reasonably anticipated the risks associated with the sports activity and taken appropriate measures to prevent harm. 5. Participant's Obligations: The participant's actions and responsibilities also play a role in determining liability. The court will assess whether the participant contributed to their own injury by acting recklessly or disregarding instructions provided by the instructor, trainer, or coach. Types of Hawaii Instruction to Jury — Essential Factual Elements: 1. Liability in Contact Sports: This instruction would focus on specific factors applicable to contact sports, such as football, boxing, or rugby, where potential injuries are inherent. It would consider different standards of care, participant consent, and reasonable expectations in these activities. 2. Liability in Non-Contact Sports: This instruction would outline the essential elements when the sports activity involved is non-contact, such as swimming, tennis, or gymnastics. It may emphasize the duty of care regarding equipment, facilities, or the monitoring of technique to prevent injuries. 3. Liability in Extreme Sports: Extreme sports like skydiving, rock climbing, or surfing present unique challenges. This instruction would address the heightened risks associated with these activities, emphasizing the importance of informed consent, clear communication, and specialized training. Conclusion: Hawaii Instruction to Jury is critical in establishing liability for injuries sustained by participants in sports activities. It provides a framework for evaluating the actions and responsibilities of instructors, trainers, or coaches, ensuring they uphold their duty of care and protect the wellbeing of participants. By understanding the relevant elements, different types of sports activities can be individually assessed for liability, leading to a fair and just legal process.

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Most sports injuries result from: Doing too much too quickly. Overestimating your fitness and ability. Lack of preparation/poor technique. Pushing your body too hard (over-training). Poor equipment, and accidents.

An example of an express assumption of the risk is a waiver that a person signs before they use a gym. The waiver usually says that the user acknowledges that using gym equipment is a dangerous activity. When the person signs it, they agree that they're assuming the chance that they can get hurt at the gym.

In short, a defendant may claim as a defense that the plaintiff knew that an activity or event being offered by the defendant was risky, that these risks were common knowledge, and that the defendant chose to assume the liability for these risks by entering.

In California, when you play sports, you assume the risk of harm. This means that if you are injured in the normal course of the activity, you cannot sue the person, company, or player responsible. Assumption of risk is a defense to negligence in athletic activity.

Judge's Instructions on the Law This is the judge's instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict. You must consider all of the instructions and give them equal consideration.

Based on the risk classification of sports by the American Academies of Ophthalmology and Pediatrics [1], sports can be divided into four kinds: high risk, moderate risk, low risk and eye-safe.

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INSTRUCTION NO. 8.1: DAMAGE INSTRUCTIONS – FOR GUIDANCE ONLY. INSTRUCTION NO. 8.2: SPECIAL DAMAGES DEFINED. INSTRUCTION NO. 8.3: GENERAL DAMAGES DEFINED. These instructions are prepared by the attorneys of both parties and presented to the judge for approval. The instructions tell the jurors what the law is and ...by HP Benard · 1997 · Cited by 17 — See Anthony S. McCaskey & Kenneth W. Biedzynski, A Guide To The Legal Liability Of Coaches For A Sports Participant's Injuries, 6 SETON HALL J. SPORT L. by EF Quandt · 2009 · Cited by 16 — Athletic trainers, team physicians, physical therapists, coaches, and schools all face potential liability by providing medical coverage at athletic events. ... the case can be established. The necessary facts required to establish liability both in negligence and intentional tort sports and recreation cases, as ... by TR Hurst · Cited by 44 — Specifically, should a coach be held personally li- able when his athlete is injured or dies while participating in an athletic event? 42 U. S. C. S § 14504, Liability for non-economic loss. In a civil action against a volunteer who has acted in the scope of responsibility to a nonprofit. First, it must be determined who is responsible for the student's sports injury. This could be: A coach, school employee proximately caused a student's injury was a factual issue for the jury to ... range of ordinary activity involved in the teaching or the coaching ... As a general rule, people have a duty to use due care to avoid injuring others. However, dangerous conduct or conditions are often an integral part of ...

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Hawaii Instruction to Jury - Essential Factual Elements Necessary to Hold an Instructor, Trainer, or Coach Liable for an Injury to a Participant in a Sports Activity