13.6 Sport and the Law

Question 1

How do sport and the law have a relationship?

Answer 1

• Traditionally, these two separate areas rarely overlapped
  However, due to the increase in deviant acts, this has increased

Question 2

How can the law protect performers?

Answer 2

• (on field play) opposition player fouls/protection from violent spectators- In Feb 2013 Wycombe goal keeper Jordan Archer was attacked by fan & a 17yr old was arrested & charged w assault
• (off field play) contracts w employers- performers are employees & such shld have same employment rights as other workers- rights were greatly improved by Bosman ruling which gave professional footballers right to move freely to another employer at end of their contract & existing club cld not demand a transfer fee
• e.g. of brand suing an endorser was when Okaley brought action against Rory Mcllroy when he left them w out allowing them the 1st right of refusal tp sign a deal w Nike
• Sponsorship deals/commerical deals
• Protection from media intrusion into private life/privacy law
• Protection from racism/sexism/disability
• Health & saftey requirements & negligence laws

Question 3

Define ‘negligence’

Answer 3

• Conduct that falls below a ‘reasonable person standard’ & leads to a breach of duty of care which results in foreseeable harm to another

Question 4

What uses of sports legislation are there in relation to officials?

Answer 4

Officials have a duty of care towards the ppts to:
- Limit dangers
- Pptation in a safe environment
- They are negligent if they do not do ‘everything possible’ to keep participants safe e.g. allowing a match to be played on a dangerous surface before they start

Question 5

Give an example of negligence in terms of officials.

Answer 5

In the case of Allport v Wilbaham
- Allport the claimant was left paralysed from the neck down following a scrum collapse
- He argued that the referee had failed to ensure that the scrum had been adequately controlled
- In this case the court pteferred the evidence of the defendant (Wilbraham) & dismissed the claimants claim for compensation

Question 6

What are the uses of sports legislation in relation to coaches?

Answer 6

• C’s have a duty of care - meaning they have a legal obligation to eliminate all potential dangers & risks so that players can participate in a safe environment ensuring no one gets hurt unecessarily
• e.g. a coach cld be sued for negligence if they allowed a basketball game to take place on a wet court

Question 7

What variety of legal responsiblities do coaches have over athletes

Answer 7

Health & Saftey:
- C’s are responsible for h&s of athletes in their care
- Shld have access to 1st aid facilities & have means to contact emergency services shld this be required
- A coach cld be deemed to be liable if evidence shows that normal standards & practices were not followed

Protection from abuse:
- C’s have responsiblity to protect children from all forms of abuse inclding emotional abuse & physical abuse
- All organisations shld have policy statement & guidlines regarding child abuse which a coach shld adhere to

Supplements:
- C’s have legal & ethical responsibility to educate athletes about drug use & abuse & provide general & appropriate advice on legal nutrition & supplements which can be used to enhance performance

Duty of Care:
- When working w young children sports organisations have a duty of care
- When coaching young children ensuring ppts saftey & welfare can be due to a legal duty of care or a moral duty of care
- Legally- laibility issues wld only arise if an indident occurs & it can be demonstrated that the risk was forseeable but no action was taken to remedy it

Question 8

As a part of duty of care coaches shld make sure they follow a number of steps to demonstrate a reasonable standard of care, what are these?

Answer 8

• Keeping up to date contact details, medical detailes & registers of attendance
• Maintaining appropriate supervision ratios
• Ensuring that 1st aid provision is avaliable at the club
• Ensuring that individuals regulalry involved in coaching children have a current DBS clearnace
• Ensure they have undertaken an appropriate risk assessment for the activities being coached

Question 9

Name two pieces of legislation that have emerged to try & control fan behaviour at sporting events.

Answer 9

The Football Spectators Act (1989): This allows banning orders to be put on individuals who have committed offences & the act prevents them from attending sports events for a certain period of time at home & abroad

The Football Offences Act (1991): This created 3 offences at football grounds to prevent throwing of missiles, chanting of racist remarks & tresspassing onto field of play