§ 9:2798 — Limitation of liability of a volunteer athletic coach, manager, team volunteer health

Louisiana § 9:2798

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§2798. Limitation of liability of a volunteer athletic coach, manager, team volunteer health
care provider, or official; definitions
A. Except as provided in Subsection B of this Section, no person shall have a cause
of action against any volunteer athletic coach, manager, athletic trainer, team volunteer health
care provider, or sports team official for any loss or damage caused by any act or omission
to act directly related to his responsibilities as a coach, manager, athletic trainer, team
volunteer health care provider, or official, while actively conducting, directing, or
participating in the sporting activities or in the practice thereof, unless the loss or damage
was caused by the gross negligence of the coach, manager, athletic trainer, team volunteer
health care provider, or official.
B.(1) The provisions of this Section shall not be applicable unless the volunteer
athletic coach, manager, athletic trainer, team volunteer health care provider, or sports team
official has participated in a safety orientation and training program established by the league
or team with which he is affiliated. Any safety orientation and training program established
in compliance with this Subsection may include, as a condition of satisfactory completion,
a course in child cardiopulmonary resuscitation. Participation in a safety orientation and
training program by a coach, manager, athletic trainer, team volunteer health care provider,
or sports team official may be waived by the league prior to the individual's or person's
participation in the sporting activities or in the practice thereof upon submission of
appropriate documented evidence as to that individual's or person's proficiency in first aid
and safety, which may include a current certification in child cardiopulmonary resuscitation.
(2) Any individual or person who has been tested or trained, and sanctioned or
admitted by a recognized league or association shall be deemed to be in compliance with this
Subsection. However, compliance with the requirements of this Subsection shall not be
construed to create or impose on the volunteer any additional liability or higher standard of
care based on participation in safety orientation and training or evidence of proficiency in
first aid and safety.
C. The receipt of a small stipend or incidental compensation for volunteer services
shall not exclude any individual or person, who is otherwise covered, from the limitation of
liability provided in Subsection A of this Section.
D. For the purposes of this Section, the following phrases shall have the meanings
hereafter ascribed to them:
(1) "Actively conducting, directing, or participating in sporting activities or the
practice thereof" means the actual preparation, training, and participation in contests or
games of physical skill, including, but not limited to post-practice, post-contest, or post-game
treatment and follow-ups at a school facility, pre-season conditioning programs, teaching or
other instructional seminars, team meetings, agility drills, and pre-participation fitness
evaluations.
(2) "Athletic trainer" means any individual certified pursuant to R.S. 37:3301 et seq.
(3) "Team volunteer health care provider" means any individual or person defined
by R.S. 40:1231.1(A) gratuitously providing health care services or treatment to the general
membership of a sports team or participants of a sports league or association.
E. Nothing contained in this Section shall extend immunity to any local school
system.

Legislative History

Acts 1987, No. 572, §1; Acts 1988, No. 420, §1; Acts 1995, No. 1288, §1, eff. June 29, 1995; Acts 1999, No. 798, §1.