Protective Devices, Regulations, and the Law
Download
Report
Transcript Protective Devices, Regulations, and the Law
Objectives
Explain the function of a voluntary standards organization and
describe how such an organization might affect sport
equipment.
Explain the significance of the National Operating Committee
on Standards for Athletic Equipment seal on protective
headgear and discuss ways in which that seal would serve to
protect the wearer.
Identify the factors considered in determining legal liability for
an injury that occurred after alteration of protective equipment.
Discuss areas in which product liability might play a role in
athletics.
Introduction
Protective equipment is designed to limit injury due to
common occurrences in sport
Tape and pads can also be used by ATC’s
Care must be taken to understand rules and regulations
Do not modify equipment
Keep protective equipment functioning
Liability for altered or faulty equipment
Standards for Equipment Design
and Reconditioning
Some sports (football, rugby, soccer, lacrosse) use special
equipment that is considered part of players uniform
Athletes must wear to participate
Athletes may choose additional protective equipment
Governed by various standards
Manufactured equipment easily fabricated and modified
Can fabricate in athletic training room also
Standards for Equipment Design
and Reconditioning
To ensure quality of equipment, governing bodies have been
established to set necessary standards
Additionally equipment must be reconditioned and inspected if it is
to be sued more than 1 season
International Organization for Standardization (ISO)
Worldwide voluntary standards committee
Develops international standards fro specific products
American National Standards Institute (ANSI)
Voluntary standards development organization
Connection to ISO standards network
Screens product design, evaluates it, and eventually presents the
developed standard to ISO
Consumer Products Safety Commission (CPSC)
Governmental regulatory agency that deals with safety of all
products
Protect public from unreasonable risks of injury and death
Regulating Agencies
American Society for Testing and Materials
(ASTM)
Number of subcommittee’s that focus on
testing materials and products used
throughout industry, recreation and leisure
Write standards for materials, products
systems and services
Regulating Agencies
National Operating Committee on Standards for Athletic
Equipment (NOCSAE)
In U.S athletic equipment standards issued by NOCSAE
After establishment in 1969 began testing football helmets
Determine safety of the model relative to concussion criteria
in a severe football impact simulation
Established testing standards.
Gold standard for testing most sports helmets
Each sport has its own set of NOCSAE standards
NOCSAE symbol indicates the product design meets
NOCSAE standards
Also sets standards fro reconditioning and reevaluation
helmets
Other Regulatory Agencies
Reconditioning and Maintenance
of Athletic Headgear
NOCSAE most widely recognized certification
Yearly inspection of all equipment should be performed
Some equipment supervisors inspect their own
equipment and send only certain products to
reconditioned
National Athletic Equipment Recondition Association
Inspects helmets for defects and deficiencies
Loss of integrity means automatic rejection
Reconditioning and Maintenance
of Athletic Headgear
Throughout season ATC or Equipment supervisor should
inspect helmets
Defect and proper fit
Proper Fit guidelines
Snug and not rotate
Upper edge of shell should be 2 finger widths
from athletes eye brows
Back of helmet covers occipital bone
Facemask 3 fingers from nose
Ear hole lines up with ear canal
Agencies for Development of
Sport Safety Rules
Rules and Regulations for the Use of
Protective Equipment
Differentiate between equipment that is required
or recommended and equipment that is
forbidden for particular sport
Regulations governing younger players more
strict
Guidelines for equipment use and regulations
published each year in NCAA sports Medicine
handbook
Agencies for Development of
Sport Safety Rules
NCAA-Required and -Recommended Protective Equipment
If player is not wearing proper equipment they are removed
from competition
Headgear
Protect cranium or scalp
Baseball , softball, football, ice hockey, lacrosse
Wrestling and water polo require protection over ears
Face, Throat, and Mouth Protection
Sports with risk of laceration of the face
Prevent fingers or other objects from coming close to the
face
Collision sports with a potential for concussion or oral trauma
will use mouth guards
Protection of the Chest and
Shoulders
Thick open celled material in combination
with hard plastic outer shell
Distribute local-impact shock onto larger
surface area.
Shoulder pads or chest protection
Protection of the Lower Extremities
Joints of lower extremity often in contact with
ground or with other players
Superficial location of bony prominences makes
protective padding valuable
Baseball catchers, hockey goalkeepers,
football and soccer players at increased risk
Agencies for Development of
Sport Safety Rules
Illegal or Restricted Equipment
To limit unintentional injury to other player some
equipment has been made illegal
See Table 5.6
Fabricating Custom Protective Equipment
Training personnel fabricate custom protective
equipment in A.T. room
Evaluate legal liability
Should not be fabricated if could cause an injury
or worsen existing condition
Adhere to rules and guidelines for the sport
Legal Concerns About Equipment
Use in Sport
Tort: involve an individual seeking to blame someone
other than themselves for an injury or resulting
condition
Must show one of following reasons for issuing the
legal action
Intentional harm to the person
Intentional harm to the tangible property
Negligence
Strict liability
Nuisance
Harm to tangible personal interests
Harm to tangible property interests
Legal Concerns About Equipment
Use in Sport
Responsible person failed to take action that another person
of equal abilities and training would have taken in the same
circumstances
If AT fails to meet standard of care AT could be held
negligent
Could be held liable If the following are shown
Ignorance of the Law
Ignoring the Law
Failure to Act
Failure to Warn
Expense
Liability Negligence
Attempt to shift focus of responsibility onto someone else
Injured party might name any number of athletic
department employees
Determination of Liability
When indivisual chooses to play a sport knowledge of
potential risk must be well undertsood
Assumption of risk
Injured individual may shift blame to person who issued
equipment, those who provided medical care, and those
who performed coached on techniques
Courts must decide if their was negligence and who will be
held liable
Product and Manufacturer
Liability
Facility or Playing Surface Problems
Sporting Equipment
Improper Care or Modification of Manufactured
Products
Manufacturer’s Liability
Protecting Oneself From Legal Misfortune