Applying Title IX to municipal field usage for girls sports

Source: sadlersports.com - Applying Title IX to municipal field usage for girls sports
Author: John M. Sadler

Do girls have equal rights to field usage?

A client in Oregon contacted me about a problem the local softball league is having as regards access to fields. I doubt this problem is unique, and perhaps other organizations can benefit  from this information.

The local rec baseball and softball teams share a municipal ballpark, which includes multiple practice fields. Apparently, the girls are not given equitable field time except in the fall, when the boys don’t play.The softball teams have offered to help maintain and build fields to pull their weight, to no avail.

The coach asks if Title IX or another statute applies in this case since the fields are part of a public facility.

According to our research, Title IX does not apply to municipalities unless the public facilities were being used for school-based programs. However, the equal protection clause provides an avenue to request injunctive relief if that becomes necessary. However, that can certainly be avoided if the municipality would simply allot field space based on the percentage of boys teams vs. girls teams. For example, if there are 75 boys teams and 25 girls teams, the girls teams should have access to 25% of the prime practice opportunities.

Understanding how the law works can help girls gain access to fields and can help the municipality stay out of trouble.

If you have a question or concern about your sports organization, don’t hesitate to contact me.

Read Full Story: http://www.sadlersports.com/blog/applying-title-ix-municipal-field-usage-girls-sports/

Sport injuries off the field

Source: sadlersports.com - Sport injuries off the field
Author: John M. Sadler

The Independent Contractor or Subcontractor Limitation

Services such as concessions umpires, security, field maintenance and janitorial are typically outsourced by sport and recreation organizations as independent contractors or subcontractors.

The Independent Contractor or Subcontractor Limitation endorsement on a General Liability policy can have adverse consequences for sports and recreation organizations.

Don’t play around with independent contractors

The negligent actions of these independent contractors or subcontractors can result in the sports organization being shot gunned into a lawsuit.

The Independent Contractor or Subcontractor Limitation endorsement will preclude coverage unless the independent contractor or subcontractor maintains a General Liability policy at the time of injury, with limits equal to the sports organization while naming such sports organization as “Additional Insured.”

Protecting the organization

It is highly recommended that sports organizations require all independent contractors and subcontractors to provide evidence of General Liability insurance with limits of at least $1,000,000 combined single limits. Such policies should name the sports organization as “additional insured.”

However, General Liability coverage of the sports organization being contingent on the insurance requirement of the independent contractor or subcontractor is a risky proposition.  If the sports organization is diligent about administrative duties, an uninsured independent contractor or subcontractor could easily slip between the cracks.  In addition, a certificate of insurance is only an indication of coverage status as of the date of its issuance. Coverage could later be canceled due to nonpayment of premium with no absolute notification requirement to certificate holders.

For the reasons outlined above, it is not acceptable to allow the existence of the Independent Contractor and Subcontractor Limitation endorsement on the General Liability policy for a sports organization.

Source:  John Sadler

Read Full Story: http://www.sadlersports.com/blog/sport-injuries-field/

Assault and Battery Exclusion in Sports

Source: sadlersports.com - Assault and Battery Exclusion in Sports
Author: John M. Sadler

Employees and volunteers vulnerable

 

Some sports General Liability policies have an endorsement entitled Assault and Battery Exclusion that modifies the terms of the original policy language.

 

The standard policy form (without the Assault And Battery Exclusion) contains an intentional injury exclusion that includes an exception for the use of reasonable force to protect persons or property.

 

The Assault and Battery Exclusion takes away coverage for any assault and battery incident committed by your employees, volunteers, or any other person.  In addition, coverage is excluded for failure to suppress or prevent an incident as well as for negligent hiring, supervision, or training.

 

Based on some of the claims filed against our team and league clients over the years, the Assault and Battery Exclusion would have had unacceptable coverage consequences had it been in existence.

 

We have seen several lawsuits alleging assault and battery resulting from a coach attempting to break up a fight.  In one incident, a coach broke up a fight by pulling one 8-year-old boy off of another.  The lawsuit alleging assault and battery claimed that the coach injured the boy that he pulled off the top of the other boy.

 

We have also seen a number of other lawsuits against leagues, volunteers, and administrators arising out of fights between coaches, umpires, and spectators.  In many cases, the coaches and umpires are actually the physical aggressors against spectators.In some of these cases, the plaintiff’s attorney ran a background check and found that the defendant had a criminal background involving a crime of physical violence.  As a result, the sports organization and its board were shot gunned into the lawsuit under the theory of negligent hiring.

 

The above common examples would likely trigger the Assault And Battery exclusion resulting in no insurance coverage and the possible taking of both assets of the sports organization as well as personal assets of the individual defendants to satisfy the judgment.

 

In my opinion, the Assault and Battery Exclusion should be removed from a sports or recreation General Liability policy.

 

Source:  John Sadler

Photo credit: Guiseppe Barranco/The Enterprise

Read Full Story: http://www.sadlersports.com/blog/assault-battery-exclusion-sports/

Reducing the risk of ACL injuries

Source: sadlersports.com - Reducing the risk of ACL injuries
Author: John M. Sadler

Is prevention the best medicine?

 

You’d be hard pressed to find any youth soccer, basketball or football team that doesn’t have at least one player with an ACL injury.

The anterior cruciate ligament, or ACL, stabilizes the knee and is highly susceptible to injury during high impact sports. As the popularity of youth sports continues to grow, so does the number of teen and young ACL injuries. How can this be minimized?

Training for prevention

Young athletes receiving universal neuromuscular training is proving to be an effective deterrent to ACL injuries, according to a recent Columbia University Medical Center study. The training teaches athletes proper bending, jumping, landing and pivoting techniques. The study focused on 10,000 “at-risk” athletes between the ages of 14 and 22. The results showed an average reduction of 63 percent in ACL injuries in those who received universal training.

Screening for ACL weaknesses also helps reduce the number of ligament sprains and tears, but reduced the rate by only 40 percent.

Counting the costs

The estimate to run a universal training program for coaches and players is about $1.25 per day, according to the study researchers. ACL reconstruction can cost anywhere from $5,000 to $17,000.

“According to our model, training was so much less expensive and so much more effective than we anticipated.” said orthopaedic resident Eric F. Swart, the lead author of the study

While preventive training and screening might sound like the best option, screening is a high-cost variable if implemented on a team-wide basis.

Source: “Universal neuromuscular training reduces ACL injury risk in young athletes,” Medical Xpress. 14 Mar. 2014.

Read Full Story: http://www.sadlersports.com/blog/reducing-risk-acl-injuries/

Mother refiles Pop Warner football suit

Source: sadlersports.com - Mother refiles Pop Warner football suit
Author: John M. Sadler

Did coaches violate tackling guidelines?

Additional claims and the inclusion of more defendants are the reasons behind a lawsuit being refiled against Pop Warner. Donnovan Hill, 16, is the subject of a lawsuit that was filed after being hit during a Midget Orange Bowl championship game in 2011. Hill, 13 at the time, was left paralyzed after tackling a running back.

Details of the amended complaint

Hills mother, Crystal Dixon, amended her complaint to include lack of training for coaches and use of a tackling technique banned by the Pop Warner league. The suit names Pop Warner, league affiliates, coaches, and the local Pop Warner board of directors. Lawyers for Dixon say the defendants are liable for instruction in an incorrect tackling technique. Hill and others on the team complained of pain and questioned their coach about the safety of tackling by leading with the head. The plaintiff asserts that coaches ignored the players’ concerns.

Rob Carey of the law firm Hagens Berman Sobol Shapiro intends to prove that the coaches ignored the coaching guidelines on how players in the league are required to tackle. Carey will provide videotape evidence of Hill’s coaches specifically and repeatedly ordering their players to make hazardous tackles in clear violation of Pop Warner guidelines.

Preventing future incidents

Hill is a quadriplegic confined to a wheelchair and the subject of an ESPN video. Dixon’s attorneys suspect that coaches instructing players to use the dangerous head-first technique is widespread. They are seeking maximum damages allowable by law, including punitive damages and hope the case will help put an end to the dangerous practice.

Pop Warner is currently looking to address other safety concerns in youth football. Visit the Sadler Sports blog for youth football injury statistics and other news.

 


 

Source: Matt Coker, “Donnovan Hill Lawsuit Against Pop Warner Football Refiled,” OC Weekly. 11 Mar 2014

Image: JamieL.WilliamsPhoto

Read Full Story: http://www.sadlersports.com/blog/mother-refiles-pop-warner-football-suit/

Concussions among middle school girl soccer players

Source: sadlersports.com - Concussions among middle school girl soccer players
Author: John M. Sadler

Why are girls more vulnerable?

Middle school girl soccer players suffer more concussions than girls in high school and college. Researchers say incorrect heading techniques and the young girls’ less developed brains and neck muscles are likely contributors to the rate of concussions.

What’s adding to the problem

A recent study found 59 concussions among 351 girls aged 11 to 14. Participants in the study complained of dizziness, headaches, inability to concentrate and being drowsy. Exacerbating the problem is that many continue to play despite their symptoms, risking a second injury.

Despite the experts advising that players not return to practice or games until symptoms disappear, 58 percent of the players in the study continued to play even with symptoms persisting,  according to the study’s co-author Melissa Schiff, professor of epidemiology.

The same study found that heading the ball was the cause of 30 percent of the players’ concussions and more than 50 percent were the result of player collisions.

Looking to lower the numbers

The rate head injuries among young girls linked to heading the ball doesn’t surprise John Kuluz of Miami Children’s Hospital.

“I see it all the time,” he said. Kuluz’s advice: athletes who have suffered a concussion should avoid heading the ball.

Oddly enough, concussions resulted 23 times more frequently in games than during practice. Should heading the ball be banned to reduce the number of head injuries?  Some suggest that middle school athletes should be taught proper heading technique in practice but prohibit its use in play until high school.

The study was published in the Jan 2014 online issue of JAMA Pediatrics.

More information on concussions and risk management are available on the Sadler Sports Insurance website.

Source: Kathleen Doheny, “Concussions Common in Middle School.”  Healthday. 20 Jan 2014.

Read Full Story: http://www.sadlersports.com/blog/concussions-middle-school-girl-soccer-players/

Latest research confirms helmet design is key in concussion prevention

Source: sadlersports.com - Latest research confirms helmet design is key in concussion prevention
Author: John M. Sadler

Reducing player concussions is a top priority in the world of football. Despite earlier blog postings citing doubts about the protective ability of advanced helmets, the latest research says advances in helmet design can make a huge impact on lowering the number of concussions for football players of all ages.

 The latest research

A recent study was the first to be conducted on the playing field, not in the lab. Two differently-designed Riddell helmets, the VSR4 and the Revolution, were fitted with sensors and tested on nearly 2000 college players over a five-year span. The Riddell Revolution helmets showed a 54 percent reduction in concussion risk compared to the VSR4. Player participants were from schools such as UNC, Virginia Tech and Brown. Data from the sensors, engineered to measure biomechanical head acceleration, was collected from more than one million head impacts.

“The Revolution is slightly bigger and has more padding, with a different shell configuration,” said Stefan Duma, the head of the Virginia Tech–Wake Forest School of Biomedical Engineering and Sciences. Both those elements result in lowered head acceleration, which in turn offers a significantly lower risk of concussion.

It’s not the helmet company, it’s the helmet design

The three elements involved in football concussions are the game rules, the coaching and helmet quality. A weak link in that triple combination raises the risk of concussion.

Riddell’s Revolution was designed 10 years ago, but until 2011 the VSR4 was the preferred helmet of over 50 percent of NFL and college coaches. The VSR4 was designed over 20 years ago. There are newer helmets on the market. Players, parents and coaches should take the time and effort to research a variety of helmet designs and choose the equipment that offers the best head-impact protection.

For more information on lowering concussion risks, please visit Sadler Sports & Recreation Insurance for the concussion resources section of our risk management content.

Source: Loren Grush, “Football helmet design,” Foxnews.com, 31 Jan. 2014.

Read Full Story: http://www.sadlersports.com/blog/latest-research-confirms-helmet-design-key-concussion-prevention/

Skip practice, and the books, following a concussion

Source: sadlersports.com - Skip practice, and the books, following a concussion
Author: John M. Sadler

 Recent concussions treatment research reveals that taking a break from the classroom is as important as taking time off the field while recuperating from head injuries. Doctors had long suspected this and advised their patients accordingly, and now research backs up their advice.

Researchers found that concussion patients who took a brief period of complete rest shortened their recovery time. The study included 335 patients ranging in age from 8 to 23. These are significant findings for treating head injuries in children. Youth are the segment of the population most at-risk for long term damage because of their still-developing brains.

Recent research study and findings

The study found that half of kids who did not take complete rest immediately following their injury took 100 or more days to fully recuperate. Nearly all who took the time to rest fully before slowly returning to daily activities recuperated in less than 100 days, some as quickly as two months. Evidence also indicates that the reduction of mind activity after a concussion lessens the symptoms associated with head injuries.

The severity of the symptoms determines how much time each child needs to rest the brain.Three to five days is usually sufficient, according to study co-author William Meehan of the Sports Concussion Clinic at Boston Children’s Hospital. “Then you can gradually reintroduce them to cognitive activity. They should do as much as they can without exacerbating their symptoms,” said Meehan.

What’s involved in the the healing process

A jolt to the head can result in what’s tantamount to a mini seizure. The brain cells fire up all at once, depleting their fuel. To recover, the brain shuts down as it begins the process of restoring the cells. That recovery time is prolonged when brain activity is resumed too early.

“[I]t can take days to weeks for processes in the brain to mop up the mess from a concussion,” said Douglas Smith of the Center for Brain Injury and Repair at the University of Pennsylvania Medical Center.

Taking it slow

The litmus test for returning to activities is being able to do whatever doesn’t aggravate the symptoms. Start with 15 minutes of reading or computer time. But if a headache or other symptoms start up, it’s time to take a break and rest. Increase activity time as the child is able without triggering symptoms or pain.

For more information and to find out more about Concussion Risk Management you can check out our Concussion Resources.

Source: Linda Carroll, “Skip the Homework,” nbcnews.com, 06 Jan. 2014.

 

Read Full Story: http://www.sadlersports.com/blog/child-concussion-means-rest-books-game/

Disagreement on NFL’s proposed $765 million concussion settlement

Source: sadlersports.com - Disagreement on NFL’s proposed $765 million concussion settlement
Author: John M. Sadler

Not everyone involved in the NFL’s proposed $765 million player concussion settlement is ready to sign the agreement. The proposal states that players were never made aware of the concussions risks of which the NFL had knowledge.

Players and families filing lawsuit argue the settlement would not assign blame or offer punitive damages for pain and suffering.

It’s not just about the players

Critics of the proposal note that there are other people affected by the damages resulting from the concussions of the players.

The 2012 suicide of NFL linebacker Junior Seau points to the obvious fact that he can’t be compensated for pain and suffering. However, his three children are the ones who are dealing with the pain and suffering in the wake of his death. Seau’s family is objecting to the proposed settlement and plans to file aseparate suit.

Anita Brody, the U.S. district judge who will oversee the settlement, also questions whether $765 million is adequate compensation for all the parties involved. There are approximately 20,000 claims by people involved over a 65-year period.

The push to settle

The majority of retired players in the suit are are not contesting the terms of the proposed settlement, according to lead attorneys Christopher Seeger and Sol Weiss. They state that the retirees are ready to settle and take advantage of the awarded funds.

Younger players and former players suffering from Alzheimer’s disease could be awarded as much as $5 million. But most of the plaintiffs who are dealing with mild forms of dementia would likely be awarded less than $25,000. If the lawsuit is thrown out, they could all end up with nothing.

More information is needed

“This could be a great settlement, this could be a terrible settlement, but I don’t know,” said Thomas A. Demetrio, the attorney representing the late Dave Duerson’s family and nine other players or their families in the suit.

Demetrio also stated that two questions need answered: what portion of the payments will be paid out of insurance and why attorneys will be splitting another $112 million if the case never went to trial.

Please visit Sadler Sports & Recreation Insurance for more information on the NFL settlement,  concussion risks, and sports insurance or to request a quote.

Source:   Maryclaire Dale, “Seau Family Plans to Object,” Insurance Journal, 29 Jan. 2014.

Read Full Story: http://www.sadlersports.com/blog/disagreement-nfls-proposed-765-million-concussion-settlement/

Study: Batter’s Faceguards Reduce Facial Injuries In Youth Baseball

Source: sadlersports.com - Study: Batter’s Faceguards Reduce Facial Injuries In Youth Baseball
Author: admin-sh

A study of youth baseball Accident Insurance claims from 1994 to 2008 revealed that the batter’s faceguard was effective in eliminating a significant percentage of facial injuries as a result of batters being struck in the face by pitched balls and by base runners being stuck in the face by thrown balls.

Batter’s faceguards were effective in reducing the number of facial injuries to batters and base runners, dropping such injuries from about 3% in leagues where their use was voluntary to less than ½ of 1% of all claims in leagues where their use was mandatory.

The study consisted of Accident claim data provided by Sadler Sports Insurance on behalf of Dixie Youth Baseball and Dixie Boys Baseball which was analyzed by the USA Baseball Medical And Safety Advisory Committee.

Even though the reduction in facial injuries was impressive, the USA Baseball Medical And Safety Advisory Committee noted that the batter’s faceguard does not need to be required in youth baseball as a result of the overall low risk of facial injuries due to pitched balls. However, the use of the batter’s faceguard should be encouraged and does not appear to pose an increased risk of injury to the batter, base runner, or to other players on the field.

See Full Study.

 

Source: Sadler Sports Insurance

Read Full Story: http://www.sadlersports.com/blog/study-batters-faceguards-reduce-facial-injuries-youth-baseball/