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.
New Hampshire 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 When determining liability for an injury to a participant in a sports activity in New Hampshire, it is important to establish the essential factual elements required to hold an instructor, trainer, or coach accountable. These elements are crucial for plaintiffs seeking compensation for injuries sustained during sports activities. Understanding and proving these elements are key for a successful claim. 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 means the defendant had an obligation to provide a safe environment and proper coaching or instruction. 2. Breach of Duty: The next element requires the plaintiff to demonstrate how the instructor, trainer, or coach breached their duty of care. This involves proving that the defendant's actions or omissions fell below the recognized standard of care expected in similar circumstances. 3. Foreseeability: It is vital to establish that the harm suffered by the participant was foreseeable. This means showing that the instructor, trainer, or coach could reasonably have anticipated the type of injury that occurred as a result of their actions or negligent behavior. 4. Causation: The plaintiff must also prove that the breach of duty directly caused the participant's injury. This involves demonstrating a clear connection between the defendant's conduct and the harm suffered by the participant. 5. Participant's Contributory Negligence: In New Hampshire, the doctrine of comparative fault is applied, which means the jury must determine if the participant's own actions contributed to their injury. If the participant's own negligence is found to be a significant contributing factor, it may reduce the instructor, trainer, or coach's liability. The aforementioned elements are crucial and must be established through evidence and testimony in order to hold an instructor, trainer, or coach liable for an injury sustained by a participant in a sports activity in New Hampshire. Different types of sports activities may require specific considerations when applying these elements. For example, if the injury occurred during a contact sport like football or hockey, it may be necessary to further examine the level of physicality and the specific rules governing the sport. On the other hand, injuries sustained during an individual sport such as swimming or gymnastics may require additional evaluation of the instructor's supervision and guidance. Regardless of the type of sports activity involved, it is important to consult with an experienced personal injury attorney who can navigate the complexities of New Hampshire law and help build a strong case based on the essential factual elements necessary to hold an instructor, trainer, or coach liable for an injury to a participant in a sports activity.
