Bodybuilding coaching and the law

[ALLEX]

was the guru's instruction the proximate cause of the injuries suffered? would be rather difficult to prove.

 

[BigFucker]

From what i remember from my ambulance chasing days....
The defendant first must owe a legal duty to the plaintiff.
Secondly, the defendant must breach that legal duty by acting or failing to act in acertain way; thirdly causation - the defendant's actions (or inaction) cause the plaintiff's injury; and. Lastly, the plaintiff has sustained damages.
So if we plug our facts into this outline we can determine if there is a valid cause of action

Argumentum ad ignoratiam

This is pretty on point for civil liability. Torts.. Remember Pfaltzgraff??

Criminal liability also need knowledge/state of mind (negligence at least which would be manslaughter) and a much higher burden of proof. Burden of proof is also on the state and D does not have any burden to show anything unless a legal defense is asserted. Civil on the other had, plaintiff would have the burden.

I imagine criminal liability is the one most coaches would worry about. But I think I'd be a difficult case to prosecute. They would probably try to get the coach for some lesser charge unrelated to the death (if they knew the coach asked him to do whatever caused him to die and thought the coach needed to go down for something). Maybe giving advice without a proper certification or fraud.




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[Bigorexia]

Lol Palsgraf was proximate cause?
Hell its been since 2000 since i even thought about this stuff.



Argumentum ad ignoratiam