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Thread: Raising the Bar: Legal Issues in Strength Training

  1. #1
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    Default Raising the Bar: Legal Issues in Strength Training

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    by Brodie M Butland

    The purpose of this article is to provide awareness regarding some of the legal issues facing us as strength coaches, and how tribunals have resolved those issues. I focus on three issues in particular:


    • Liability for personal injuries, and how coaches/gyms have avoided it;
    • Incorporation of a coaching business, and how it may or may not protect you from liability; and
    • Nutrition counseling, and the fuzzy line between merely providing information and unlicensed dietary advice.
    Article

  2. #2
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    Thanks so much for writing this!

  3. #3
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    Brodie, thanks for the very interesting and informative article. Could you comment on potential liability issues related to internet advice? Both related to training and health. It's my understanding that there have been successful medical malpractice suits contending damages related to bad Internet advice.

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    Brodie, thanks for the article. If you don't mind I would like to ask you a few questions about home gyms. How much legal jeopardy do I assume for inviting people to lift with me in garage gym for free? I understand and agree with the good relationship advice and . I wouldn't invite anyone to lift with me that I thought would sue me but; I have been injured twice during workouts (both at public venues where injuries are common, not someone's home) and the urgent care wanted to know where I was at when injured which had nothing to do with treatment. I only assume my insurance company was using the reception paperwork to gather information to sue, which if that had occurred at home they would be filing on my home owners, who would probably pay and then drop my policy. So, am I being paranoid? would a well worded worded waiver work? Get separate insurance policy for garage gym? Or "Go get your own damn lawyer!"? Thanks

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    I'm not Brodie (I am a lawyer, but not your lawyer, etc.) - I suspect the question you were asked at urgent care was to see if you were injured at work, so Workers Comp would be involved instead of your health insurance. Health insurance companies do look to subrogate (to get liable parties to pay where there's a claim), so you're not being entirely paranoid. Waivers would likely help in most circumstances, especially if you're not giving terribly negligent advice that results in injury.

  6. #6
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    Thank you for the reply johnnys. That answered my question.

  7. #7
    Brodie Butland is offline Starting Strength Coach
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    Quote Originally Posted by johnnys View Post
    I'm not Brodie (I am a lawyer, but not your lawyer, etc.) - I suspect the question you were asked at urgent care was to see if you were injured at work, so Workers Comp would be involved instead of your health insurance. Health insurance companies do look to subrogate (to get liable parties to pay where there's a claim), so you're not being entirely paranoid. Waivers would likely help in most circumstances, especially if you're not giving terribly negligent advice that results in injury.
    Eric--sorry, I didn't see this come in. But I agree with the above...the workers' comp system has a lot of critical filing deadlines, and so everyone likes to get on the ball with that stuff ASAP. The doctors also need to know if they may have to provide your records in the near future in connection with those proceedings.

    You can never go wrong on a waiver, esp. if you're helping to train people. Just because the advice is free doesn't mean you can't be sued for giving it. And depending on how your home insurance policy is worded, you might be covered under that as well.

    I'd just be careful not to pull any random waiver from the internet. I'm actually giving a presentation at the SSAC conference in October, and part of it will be devoted to showing the dangers of picking out a bad waiver clause from internet research. I've actually been surprised by some of the shit-quality waivers I've seen at gyms where I've gotten a day pass. By no means do I think that my article was exhaustive in things to look for in a contract waiver, but it should at least give you some of the major things to look for.

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