Podcast
Questions and Answers
To support their opinions, expert witnesses often refer to standards of practice published by professional organizations, as demonstrated in the Gallant case, e.g., NSCA safety guidelines for teaching Kettlebell classes. Expert witnesses educate the court as to the duties owed to the ______ and, in their opinion, if the defendant breached these duties.
To support their opinions, expert witnesses often refer to standards of practice published by professional organizations, as demonstrated in the Gallant case, e.g., NSCA safety guidelines for teaching Kettlebell classes. Expert witnesses educate the court as to the duties owed to the ______ and, in their opinion, if the defendant breached these duties.
plaintiff
Legal/Risk Management Tip #3: The court in Gallant found the waiver ambiguous making it ______.
Legal/Risk Management Tip #3: The court in Gallant found the waiver ambiguous making it ______.
unenforceable
If it had been written properly, it might have protected the defendants. Based on a N.Y. statute, waivers are unenforceable in health clubs, but the Hilton Hotel was not a health club so the statute was not ______.
If it had been written properly, it might have protected the defendants. Based on a N.Y. statute, waivers are unenforceable in health clubs, but the Hilton Hotel was not a health club so the statute was not ______.
applicable
It is essential that waivers are prepared by competent ______.
It is essential that waivers are prepared by competent ______.
Signup and view all the answers
Part 1, in the last issue of this newsletter, described the link between the lack of practical skills and legal ______.
Part 1, in the last issue of this newsletter, described the link between the lack of practical skills and legal ______.
Signup and view all the answers
Part 2 will (a) discuss the development of teaching skills, (b) identify who is liable for negligent instruction, and (c) describe future directions for academic and certification preparation ______.
Part 2 will (a) discuss the development of teaching skills, (b) identify who is liable for negligent instruction, and (c) describe future directions for academic and certification preparation ______.
Signup and view all the answers
The fifth guiding principle specified that all strength and conditioning workouts should (a) “be documented in writing, (b) reflect the progression, technique, and intentional increases in volume, intensity, mode, and duration of the physical activity, and (c) be available for review by ______ departments” (p. 2).
The fifth guiding principle specified that all strength and conditioning workouts should (a) “be documented in writing, (b) reflect the progression, technique, and intentional increases in volume, intensity, mode, and duration of the physical activity, and (c) be available for review by ______ departments” (p. 2).
Signup and view all the answers
In some of the negligence lawsuits, it appeared that athletic administrators were unaware of training activities included in the ______.
In some of the negligence lawsuits, it appeared that athletic administrators were unaware of training activities included in the ______.
Signup and view all the answers
Liability for Negligent Instruction: Academic Programs, Certification Programs, or ______?
Liability for Negligent Instruction: Academic Programs, Certification Programs, or ______?
Signup and view all the answers
It is unlikely that educational programs provided by academic institutions and certifying organizations will be held liable for the failure to provide adequate education/training, i.e., educational ______.
It is unlikely that educational programs provided by academic institutions and certifying organizations will be held liable for the failure to provide adequate education/training, i.e., educational ______.
Signup and view all the answers
Generally, courts have rejected educational malpractice claims because of “the fear of a potential flood of litigation against schools…the fear that an educational malpractice cause of action could entangle the courts into overseeing the day-to-day operations of ______…” (3, p. 111).
Generally, courts have rejected educational malpractice claims because of “the fear of a potential flood of litigation against schools…the fear that an educational malpractice cause of action could entangle the courts into overseeing the day-to-day operations of ______…” (3, p. 111).
Signup and view all the answers
Courts have stated that tort remedies (e.g., negligence) are not the best way to address problems of inadequate education and ______.
Courts have stated that tort remedies (e.g., negligence) are not the best way to address problems of inadequate education and ______.
Signup and view all the answers
In order to minimize negligent instruction claims/ lawsuits, it would be wise for employers to provide a course, as the one described above, for all new employees, especially for those who did not have such a course in their academic and/or certification preparation programs. Future Directions: Academic and Certification Programs To help prepare exercise professionals for one of their major legal duties - provide safe instruction it will be necessary for academic programs to require a course (as described above) and for certification programs to do the same after successful completion of a written exam. Otherwise, this education and training responsibility falls on the employer. Most employers want to hire exercise professionals who already possess skills to perform basic job tasks, i.e., safely teaching exercise. To advance the exercise profession and to address the issue of certification programs that no longer require practical examinations, the preparation model established by the health/wellness coaching profession should be considered. See: National Training and Education Standards for Health and Wellness Coaching. Test Your Legal and Risk Management Knowledge Certain legal concepts and risk management strategies were covered in this issue. Test what you learned by answering the following T/F questions. Hint: All of the following are true except one. 1.Personal fitness trainers that have certifications and experience always teach in a safe manner. 2. : Personal fitness trainers that have certifications and experience always teach in a safe manner.
In order to minimize negligent instruction claims/ lawsuits, it would be wise for employers to provide a course, as the one described above, for all new employees, especially for those who did not have such a course in their academic and/or certification preparation programs. Future Directions: Academic and Certification Programs To help prepare exercise professionals for one of their major legal duties - provide safe instruction it will be necessary for academic programs to require a course (as described above) and for certification programs to do the same after successful completion of a written exam. Otherwise, this education and training responsibility falls on the employer. Most employers want to hire exercise professionals who already possess skills to perform basic job tasks, i.e., safely teaching exercise. To advance the exercise profession and to address the issue of certification programs that no longer require practical examinations, the preparation model established by the health/wellness coaching profession should be considered. See: National Training and Education Standards for Health and Wellness Coaching. Test Your Legal and Risk Management Knowledge Certain legal concepts and risk management strategies were covered in this issue. Test what you learned by answering the following T/F questions. Hint: All of the following are true except one. 1.Personal fitness trainers that have certifications and experience always teach in a safe manner. 2. : Personal fitness trainers that have certifications and experience always teach in a safe manner.
Signup and view all the answers
Employers should provide a course, as described above, for all new employees, especially for those who did not have such a course in their academic and/or certification preparation programs to minimize __________ instruction claims/lawsuits.
Employers should provide a course, as described above, for all new employees, especially for those who did not have such a course in their academic and/or certification preparation programs to minimize __________ instruction claims/lawsuits.
Signup and view all the answers
To help prepare exercise professionals for their major legal duty of providing safe instruction, academic programs should require a course and certification programs should do the same after successful completion of a written _________.
To help prepare exercise professionals for their major legal duty of providing safe instruction, academic programs should require a course and certification programs should do the same after successful completion of a written _________.
Signup and view all the answers
Employers want to hire exercise professionals who possess skills to perform basic job tasks, such as safely teaching ___________.
Employers want to hire exercise professionals who possess skills to perform basic job tasks, such as safely teaching ___________.
Signup and view all the answers
To advance the exercise profession and address issues with certification programs, the preparation model established by the health/wellness coaching profession should be ___________.
To advance the exercise profession and address issues with certification programs, the preparation model established by the health/wellness coaching profession should be ___________.
Signup and view all the answers
Legal concepts and risk management strategies should be tested to assess ___________ and risk management knowledge.
Legal concepts and risk management strategies should be tested to assess ___________ and risk management knowledge.
Signup and view all the answers
Personal fitness trainers that have certifications and experience may not always teach in a ________ manner.
Personal fitness trainers that have certifications and experience may not always teach in a ________ manner.
Signup and view all the answers
What is one of the requirements specified in the fifth guiding principle for strength and conditioning workouts?
What is one of the requirements specified in the fifth guiding principle for strength and conditioning workouts?
Signup and view all the answers
Who is generally held liable for the negligent conduct of employees and their failure to properly hire, train, and supervise them?
Who is generally held liable for the negligent conduct of employees and their failure to properly hire, train, and supervise them?
Signup and view all the answers
Why have courts generally rejected educational malpractice claims according to the text?
Why have courts generally rejected educational malpractice claims according to the text?
Signup and view all the answers
What did some negligence lawsuits indicate about athletic administrators?
What did some negligence lawsuits indicate about athletic administrators?
Signup and view all the answers
Which aspect of strength and conditioning workouts did the fifth guiding principle emphasize on for intentional increases?
Which aspect of strength and conditioning workouts did the fifth guiding principle emphasize on for intentional increases?
Signup and view all the answers
Why are tort remedies like negligence not considered the best way to address problems of inadequate education according to the text?
Why are tort remedies like negligence not considered the best way to address problems of inadequate education according to the text?
Signup and view all the answers
What is one of the key responsibilities of expert witnesses in negligence lawsuits?
What is one of the key responsibilities of expert witnesses in negligence lawsuits?
Signup and view all the answers
Which of the following is NOT one of the guiding principles mentioned in the text for strength and conditioning workouts?
Which of the following is NOT one of the guiding principles mentioned in the text for strength and conditioning workouts?
Signup and view all the answers
Who is generally NOT liable for negligent instruction in the context of exercise professionals?
Who is generally NOT liable for negligent instruction in the context of exercise professionals?
Signup and view all the answers
Which of the following statements is TRUE according to the text?
Which of the following statements is TRUE according to the text?
Signup and view all the answers
What should academic and certification programs do to help prepare exercise professionals for their legal duty of providing safe instruction?
What should academic and certification programs do to help prepare exercise professionals for their legal duty of providing safe instruction?
Signup and view all the answers
What does the text recommend for employers to minimize negligent instruction claims/lawsuits?
What does the text recommend for employers to minimize negligent instruction claims/lawsuits?
Signup and view all the answers
What is the main purpose of the academic and certification preparation programs described in the text?
What is the main purpose of the academic and certification preparation programs described in the text?
Signup and view all the answers
What is the main reason why the gap between theory and practice in exercise instruction can result in negligence claims/lawsuits?
What is the main reason why the gap between theory and practice in exercise instruction can result in negligence claims/lawsuits?
Signup and view all the answers
What is the key recommendation made in the text to help eliminate the gap between theory and practice in exercise instruction?
What is the key recommendation made in the text to help eliminate the gap between theory and practice in exercise instruction?
Signup and view all the answers
Which of the following is a key guiding principle for strength and conditioning workouts?
Which of the following is a key guiding principle for strength and conditioning workouts?
Signup and view all the answers
What is the main reason why courts have generally rejected educational malpractice claims against academic institutions?
What is the main reason why courts have generally rejected educational malpractice claims against academic institutions?
Signup and view all the answers
What is the main recommendation for advancing the exercise profession and addressing issues with certification programs?
What is the main recommendation for advancing the exercise profession and addressing issues with certification programs?
Signup and view all the answers
