How is “vicarious liability” determined in sports injury cases?

In Washington, vicarious liability is determined in sports injury cases based on the legal principle of negligence. In order to succeed with a negligence claim in the state, a plaintiff must prove the existence of a duty, a breach of that duty, causation, and damages. A duty is owed to a plaintiff if the injured individual is considered an “intended beneficiary” of the defendant’s activities, such as sports participation. If it is determined that the defendant had a duty to the plaintiff, a breach of that duty must be proven. This can be either a direct breach of the duty (“direct negligence”) or a breach by a party that the defendant is obligated to protect (“vicarious negligence”). For example, a coach or instructor has a duty to ensure reasonable safety for their student athletes. If the coach or instructor fails to do so, and an injury occurs as a result, the coach or instructor may be held vicariously liable for the injury. The plaintiff must also prove that the breach of duty was the direct cause of the injury. If causation is established, the plaintiff must provide evidence of damages stemming from the injury, such as medical costs, lost wages, or pain and suffering. If it is determined that the defendant is liable for the plaintiff’s injuries, the court may award compensatory or punitive damages, or both. Compensatory damages seek to make the plaintiff “whole” by reimbursing them for economic losses, while punitive damages seek to punish the defendant and to discourage similar acts.

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How is “vicarious liability” determined in sports injury cases?

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