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Into the Danger Zone

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Submitted By lys2801
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Into the Danger Analysis

University of the Rockies

When I first read the case study " into the danger zone", I thought it was a clean and cut case of the school being held liable for the accident that Lucy Overstreet had when she was diving into the pool during practice. After reading it the second time I realize that the school may not be the only one liable for her accident, but her as well. I say this because she did signed a form stating the risk that can occur from her being on the swim team and she could had left the swim team if she really felt uncomfortable and reported it to the principal what the coach has said to her when she wasn't ready compete in the relay where she had to dive off a starter block.
The tort of negligence for this case study may not be easy to prove as one may think when you first read the study. The reason for this is because to prove tort of negligence all 5 elements of negligence has to be proven. The 5 see elements are duty, breach, cause-in-fact, proximate cause, and damages.
However I will be looking at how if all the elements can be proven, I will start by looking at duty of the coach. The coach did not do its duty to protect Lucy from being injured at swim practice. The reason I would say this is because Lucy trainers and Lucy herself had told the swim coach that she needed more practice with her diving from the starter block into shallow water. And with this knowledge he did not change her position on the team but encourage to quit the team if she did want to stay in the position she was at. Because of that the coach did not protect her from being ha when diving from the starter block.
However I do believe that the coach had breach to exercise her duty to protect Lucy. I believe that another coach would had listen to the advice that the trainer was giving the coach about Lucy not being ready for that position in the competition and would had her in a position where she could start from the water until she had gotten enough experience to start from the starting block.
I think that there was still a possibility that the injury could had happen while she was swimming during practice or at a meet and even to a swimmer that has a lot of experience with diving from a starter block. That is one of the reason why the school had the parents to sign a form stating the risk of their daughter being on the swim team.
Did the coach forsee Lucy getting hurt by diving from the starting block? I would have to say no because, if the coach knew that lucy would get seriously injured from diving from the block. I do not think that the coach McKay would let her dive. It wasn't the coach intention to see her get hurt, however by not listening to the advice of the trainers and the concerns of Lucy is what caused Lucy to become seriously injured. And because of that it would be hard to determine the amount of money she should get for damages.
I do not think the school should be held liable for her accident because both parties knew the risk and the possibility of getting hurt. However I do believe that the school district should pay for medical bills and give her a tutor so she can still do her school work at home. I do not believe that she should be awarded $500,000 for her pain and suffering from her injury, this amount of money seems a little extreme to pay out since both parties knew the risk of competitive swimming.
I do believe that Lucy expectations of reasonable security was violated when coach McKay made Lucy chose between diving from the starter block or leaving the swim team after Lucy and others told coach McKay that she wasn't ready to start from that position. I do not know why Lucy would continue to go against her own judgment of how she felt about that position. I guess she trust the judgment of coach McKay, she probably thought that he had seen potential that she didn't realize she had, or because she wanted to do something that she was passionate about and was good at.
As young teenagers we always trust those that helps us to succeed in activities that we like to do, because we think that they have our best interest in most cases they do, but once in a while an accident occur, just like in the case study of Lucy Overstreet who believe the coach was just trying to help her to become a better swimmer.
By working with children on a daily basis, I encouraged them and think of their safety and well being as I'd they were my own children because I understand the importance of them staying safe while being in school.
Depending on the state you are from the school may not be liable for the student injury if the parent signed a waiver form or a pre-injury release form because the parents and the student was made aware of the possible injury that can occur by the student playing a particular sport or activity, this is true for other organizations as well (Showers, 2014).
Also in states like PA if a parent signs the waiver or pre-injury form is not allowed to sue, however the child will be able to sue the organization. This is because the signed waiver only covers the parent or guardian. And if a child signs an important paper it becomes voidable (Showers, 2014).
The ISLLC standards 3c which is to promote and protect the welfare and safety of students and staff, 4c is to build and sustain positive relationships with families and caregivers and 5d are all appropriate for this case study, even though coach McKay did not sustain a positive relationship with the family because if he did, I do not think that he would have gave Lucy an ultimatum between her passion for swimming and her fear of diving from the starting block.
It seems like coach McKay decision making response was more for his self so he could win instead of what is best for the swimmer. Another reason why it may be hard to prove tort of negligence is because they will need to.…...

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