In a jury trial jury instructions are given to the jury at the end of the case. These instructions are prepared by the attorneys of both parties and presented to the judge for approval. The instructions tell the jurors what the law is and how to apply the law to the facts that have been proven.
North Carolina Instruction to Jury — Essential Factual Elements Necessary to Hold an Instructor, Trainer, or Coach Liable for an Injury to a Participant in a Sports Activity In the state of North Carolina, specific criteria must be met in order to hold an instructor, trainer, or coach liable for an injury sustained by a participant in a sports activity. These essential factual elements vary depending on the type of sports activity involved and may include: 1. Duty of Care: The instructor, trainer, or coach must have a duty to provide a safe environment and proper training to the participant. This duty is based on their role and responsibility in the specific sports activity. 2. Breach of Duty: The plaintiff must prove that the instructor, trainer, or coach breached their duty of care. This can be established by showing that the defendant failed to provide appropriate instruction, supervision, or failed to address known safety hazards in the sports activity. 3. Proximate Cause: The plaintiff must demonstrate that the defendant's breach of duty was the direct cause of the participant's injury. This requires establishing a causal link between the instructor's actions or inaction and the harm suffered. 4. Foreseeability: It must be foreseeable that the instructor, trainer, or coach's negligence or lack of proper care could result in an injury to the participant. This requires showing that a reasonable person in their position would have recognized the potential risks and taken appropriate precautions. 5. Damages: The plaintiff must provide evidence of the participant's actual, measurable damages resulting from the injury. This can include medical expenses, pain and suffering, lost wages, or any other relevant economic or non-economic losses. Types of North Carolina Instruction to Jury — Essential Factual Elements Necessary to Hold an Instructor, Trainer, or Coach Liable for an Injury to a Participant in a Sports Activity: 1. Contact Sports: For sports activities involving physical contact, such as football, basketball, or rugby, the essential factual elements may include additional considerations regarding the standard of care and the reasonable expectations for participant safety. 2. Non-Contact Sports: In non-contact sports like tennis, swimming, or gymnastics, the essential factual elements may focus on the instructor's duty to provide proper training, equipment safety, and supervision. 3. Youth Sports: When the sports activity involves minors, the essential factual elements may encompass the duty to obtain parental consent, maintain additional safety measures, and adhere to specific guidelines for coaching young participants. 4. Extreme Sports: For high-risk sports activities like rock climbing, skydiving, or motocross, the essential factual elements may also address the assumption of risk and participant's voluntary acceptance of potential dangers inherent in these activities. It is important to note that this is just a general overview, and the specific essential factual elements necessary to hold an instructor, trainer, or coach liable for an injury in a sports activity may vary based on the circumstances of each individual case and the applicable laws in North Carolina. It is advisable to consult with a knowledgeable attorney to understand the specific requirements in any given situation.
