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.
Title: Wisconsin Instruction to Jury — Essential Facts for Holding Instructor, Trainer, or Coach Liable for Participant Sports Injury Keywords: Wisconsin, Instruction, Jury, Essential Factual Elements, Hold, Instructor, Trainer, Coach, Liability, Injury, Participant, Sports Activity Introduction: In Wisconsin, understanding the essential factual elements necessary to hold an instructor, trainer, or coach liable for an injury sustained by a participant in a sports activity is crucial. This instruction provides the necessary guidance for the jury to evaluate the liability of these individuals in such cases. Types of Wisconsin Instruction to Jury — Essential Factual Elements: 1. Instructor Liability: If an injury occurs during a sports activity under the instruction of an individual, such as a teacher, professor, or mentor, certain facts need to be established to hold them liable. The jury should consider the following elements: — Duty of Care: The instructor must have had a responsibility to ensure the safety and well-being of the participant during the sports activity. — Breach of Duty: The instructor must have failed to fulfill their duty of care, deviating from standard practices or acting negligently. — Causation: The breach of duty by the instructor must have directly caused the participant's injury. — Foreseeability: It should be reasonably foreseeable that the instructor's actions, or lack thereof, would result in harm or injury to the participant. — Damages: The participant must have suffered actual harm or injury as a result of the instructor's actions or negligence. 2. Trainer Liability: In cases involving injuries sustained during a sports activity when a trainer, physical therapist, or rehabilitation specialist is involved, the following essential factual elements are crucial for holding them accountable: — Duty of Supervision and Training: The trainer must have had a duty to provide proper supervision, guidance, and training to the participant in the specific sport or exercise activity. — Negligence: The trainer must have breached their duty of care through negligence, inadequate supervision, or failure to provide adequate training or instruction. — Causation: There should be a clear link between the trainer's negligence and the injury suffered by the participant. — Foreseeability: It must be reasonably foreseeable that the trainer's failure to provide proper supervision or training would lead to harm or injury. — Damages: The participant must have suffered actual harm or injury as a direct result of the trainer's negligence or inadequate supervision. 3. Coach Liability: When evaluating a coach's liability for injuries to a participant during a sports activity, the jury should consider the following essential factual elements: — Duty of Instruction and Safety: Coaches have a duty to provide appropriate and safe instructions, guidance, and strategies during team or individual sports activities. — Negligence: To establish coach liability, it must be proven that the coach breached their duty of care, either through neglecting safety protocols or employing inappropriate coaching methods. — Causation: There must be a demonstrated causal connection between the coach's negligence and the participant's injury. — Foreseeability: It should be reasonably foreseeable that the coach's actions or negligence would result in harm or injury to the participant. — Damages: The participant must have suffered actual harm or injury as a result of the coach's negligence or disregard for safety. Conclusion: In Wisconsin, holding an instructor, trainer, or coach liable for injuries sustained by participants in sports activities requires establishing essential factual elements. By considering duty, breach, causation, foreseeability, and damages, the jury can assess whether the instructor, trainer, or coach is legally accountable for the participant's injuries.
