Expert Witness and Legal Testimony in Court Cases

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.

Legal/Risk Management Tip #3: The court in Gallant found the waiver ambiguous making it ______.

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 ______.

It is essential that waivers are prepared by competent ______.

Part 1, in the last issue of this newsletter, described the link between the lack of practical skills and legal ______.

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 ______.

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).

In some of the negligence lawsuits, it appeared that athletic administrators were unaware of training activities included in the ______.

Liability for Negligent Instruction: Academic Programs, Certification Programs, or ______?

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 ______.

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).

Courts have stated that tort remedies (e.g., negligence) are not the best way to address problems of inadequate education and ______.

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.

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.

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 _________.

Employers want to hire exercise professionals who possess skills to perform basic job tasks, such as safely teaching ___________.

To advance the exercise profession and address issues with certification programs, the preparation model established by the health/wellness coaching profession should be ___________.

Legal concepts and risk management strategies should be tested to assess ___________ and risk management knowledge.

Personal fitness trainers that have certifications and experience may not always teach in a ________ manner.

What is one of the requirements specified in the fifth guiding principle for strength and conditioning workouts?

Who is generally held liable for the negligent conduct of employees and their failure to properly hire, train, and supervise them?

Why have courts generally rejected educational malpractice claims according to the text?

What did some negligence lawsuits indicate about athletic administrators?

Which aspect of strength and conditioning workouts did the fifth guiding principle emphasize on for intentional increases?

Why are tort remedies like negligence not considered the best way to address problems of inadequate education according to the text?

What is one of the key responsibilities of expert witnesses in negligence lawsuits?

Which of the following is NOT one of the guiding principles mentioned in the text for strength and conditioning workouts?

Who is generally NOT liable for negligent instruction in the context of exercise professionals?

Which of the following statements is TRUE according to the text?

What should academic and certification programs do to help prepare exercise professionals for their legal duty of providing safe instruction?

What does the text recommend for employers to minimize negligent instruction claims/lawsuits?

What is the main purpose of the academic and certification preparation programs described in the text?

What is the main reason why the gap between theory and practice in exercise instruction can result in negligence claims/lawsuits?

What is the key recommendation made in the text to help eliminate the gap between theory and practice in exercise instruction?

Which of the following is a key guiding principle for strength and conditioning workouts?

What is the main reason why courts have generally rejected educational malpractice claims against academic institutions?

What is the main recommendation for advancing the exercise profession and addressing issues with certification programs?