Tag Archives: football

Gross Negligence Law in Pennsylvania

By Doyice Cotten

 

The Pennsylvania Supreme Court (Tayer v. Camelback Ski Corporation, Inc., 2012) addressed the issue of the

enforceability of waivers when the act in question was recklessness; it ruled that there is a dominant public policy against enforcing waivers seeking to protect reckless behavior. Unfortunately, the court left unaddressed the issue of waivers when the action involved gross negligence.

It was not until 2019 when the question was answered.

What is Learned from the McNair Tragedy at the University of Maryland?

By Doyice Cotten

We have all read about the University of Maryland football player, Jordan McNair, who collapsed in a May football practice and his tragic death about two weeks later. Dr. Rod Walters was hired to investigate the event, the University football program, and the athletic training protocols followed.

In September, Dr. Walters completed his investigation and issued a report. This report presented a timeline of events. This timeline (reported in Athleticbusiness.com) follows:

 

Football Drill Death Illustrates the Need for Better Risk Management

By Doyice Cotten

Mileto and dozens of other players were taking part in a summer football camp on school grounds that was run by the Sachem East coaches and funded by a boosters group, the Sachem East Touchdown Club.

The teen and four teammates were carrying a 10-foot, 400-pound log over their heads as part of a training drill. Dankner said – for the first time publicly – that the boys were also competing in a relay race at the time.

Hydration of Athletes — “Under-hydration and Over-hydration Creates Risk!”

By Doyice Cotten

Each Summer and Fall in the deep South, coaches and athletes repeatedly hear “stay hydrated.” As football practices begin in August with the high Southern humidity and the temperatures running 90, 95, and even higher, coaches and players hear the mantra over and over. . .” stay hydrated.” And each year some players fail to do so and suffer heat stroke, heat exhaustion, and sometimes death.

While this is good advice,

Utilize the “Negligence of the Provider” — But Address Negligence Risks and Inherent Risks Separately

By Doyice Cotten

On countless occasions, this author has stressed two points. First, is the value (or even necessity) of including specific reference to the “negligence of the provider” in the exculpatory language of a waiver. In many states, the term is mandated in order for a waiver to be enforced; in others, it is strongly recommended. Alternately, in some states, general language such as “any and all claims” is sufficient. In Florida, four of its Districts require the use of the term “negligence.” In its 5th District (the district hearing this case),