Negligence

Negligence is failing to meet a generally accepted standard of conduct or act as a reasonably prudent person would in similar circumstances.^{1Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 671.} It can involve omission, such as skipping a preparticipation screening form, or commission, such as teaching an exercise unsafely.^{2Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 672.} The NSCA identifies negligence over substandard performance as a likely basis for lawsuits against trainers.^{3Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 670.}

The injured client must prove four elements: duty, breach of duty, causation and damages.^{2Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 672.} An injury alone doesn’t establish negligence, since some injuries are inherent to the activity and no one’s fault.^{1Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 671.} Gross negligence and reckless conduct are classified separately from ordinary negligence, and employers can be held vicariously liable for a trainer’s negligence.^{1Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 671.}

In practice

• The NSCA’s STEPS framework covers screening, testing, evaluation, programming and supervision, all judged against the standard of care.^{4Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 679.}
• Keep a record of the client’s program, the education provided and each client’s training log; the NSCA describes this documentation as being in the trainer’s legal interest.^{5Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 685.}
• Carry professional liability insurance; employees may be covered by the facility’s general policy, while outdoor sessions may fall outside typical coverage.^{6Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 686.}
• Protective documents such as liability waivers can help with some claims but generally can’t protect against gross negligence.^{7National Strength and Conditioning Association, Strength and Conditioning Professional Standards and Guidelines, p. 21.}

The NSCA recommends counsel in the trainer’s own state and presents its guidance as education rather than legal advice.^{8Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 687.} Rules on client fault vary; most states use comparative negligence to reduce damages in proportion to the client’s share of fault.^{2Schoenfeld and Snarr (eds.), NSCA’s Essentials of Personal Training, 3rd ed., p. 672.}