Dale W. Carruthers received both his Bachelor of Science and Master of Science Degrees from Southern Illinois University at Carbondale. He interned at LaSalle Park Commission, LaSalle, Illinois and served two years as an Administrative Graduate Assistant with the Intramural-Recreational Sports Department at SIU. Currently he is Superintendent of Recreation at the Morion Park District in Morton, Illinois. Duties include directing all phases of recreation programs and facilities.

Who's Responsible for
the Death of Mr. Tibbs?

by Dale W. Carruthers

In recent years, many successful adult fitness programs have been initiated by recreation agencies throughout the country. One of the pioneers in adult fitness is Seatonville Park District, whose fitness programs have enjoyed success for years.

Much of this success can be attributed to our fitness leader, Theodore C. Errio. Mr. Errio is a retired physical educator from Brany College in nearby Hollowayville. He has spent literally decades teaching and practicing excellent fitness habits and is extremely successful working with once sedentary adults. Without a doubt, he is an extremely adept leader.

George Tibbs, a retired carpenter, was concerned about his health. Since his retirement he had gained 25 pounds, had not often slept well, and felt slow and sluggish. Upon visiting his family doctor he was surprised to hear that his problems may very well be due to the lack of physical exercise in his everyday life. As a carpenter his day was quite a physical one . . . climbing ladders, pushing wheelbarrows, and carrying supplies gave him all the exercise he had needed. However, at age 66, exactly one year after his retirement, Mr. Tibbs now finds himself somewhat overweight and quite easily winded from menial chores that he had in recent years performed quite easily. So, Mr. Tibbs decided to do something about it.

One week later, George Tibbs found himself enrolled in the Seatonville Park District's adult fitness program, one of the more successful fitness programs offered in the entire state. During the first month, Mr. Tibbs had made outstanding advances toward his fitness goals. He was sleeping well at night, his blood pressure dropped, and he began losing weight. He felt better!

Then tragedy struck . . . Mr. Tibbs and his exercise group were engaging in an alternate jog/walk activity when he collapsed on the jogging trail. By the time an ambulance got Mr. Tibbs to the Hilltop Hospital, he was dead.

The situation and setting described above are hypothetical. However, occurrences such as that of Mr. Tibb's are certainly not uncommon to recreation agencies and the question of liability usually is not considered until such an incident occurs. Given the extensive number of these types of programs, it seems essential to consider the type of liability applicable to this situation as an aspect of program planning.

Upon reviewing statutes in the 50 states concerning tort liability of schools and municipalities, it would appear that the critical aspect of a situation giving rise to a possible law suit is the act of the person conducting the activity. In other words, what did the leader in fact do and how did he do it are the important questions. There are three general principles concerning the act—the first relates to the leader, the second to the participant and the last to the activity. These principles are as follows:

1. The standard of care required is that of a reasonable and prudent professional.¹

A person who conducts an exercise program for older adults is expected to perform with such competence as required for that role. Therefore, the leader must be aware of each class member's physical abilities or disabilities and program exercises that will fit each individual's needs and protect him from undue risk or harm from possible over-exertion.

2. The standard of care required is dependent upon the maturity and condition of the participant.²
The activity must be appropriate to the size, age, skill and physical condition of the participant.

3. No activity is inherently dangerous.
No activity, except boxing has been cited as inherently dangerous. It is always the manner in which it is conducted that makes it hazardous. Within the framework of the preceding three principles, there are specifics related especially to fitness programs. We will examine them in terms of how they applied to the case of "Mr. Tibbs."

First, the nature of supervision is extremely important. There are two types of supervision—specific and general. "General" supervision means that an individual (leader, teacher) must be within the activity area, while "specific" supervision indicates that the leader must be with the

Illinois Parks and Recreation 32 November/December 1980

individual(s) participating; that is, at the immediate location of the activity providing direct supervision.⁴ Specific supervision must be given when an activity is being introduced and the participant(s) are not familiar enough with the activity to appreciate their own capacity to perform the activity or understand and adhere to safety procedures established.

In reviewing our hypothetical situation, it is noted that at the time of the accident, Mr. Tibbs was under the "general" supervision of the class leader. The activity that Mr. Tibbs was performing was an alternate jog/walk, which he had been engaged in for approximately two weeks. The class leader had informed the participant that he should try to make gradual advances toward his fitness goals and not try to overstep any boundaries. However, in talking with fellow classmates of Mr. Tibbs, it was found that he had begun to participate with more advanced students without the knowledge and approval of the leader.

The selection and conduct of activities are other problem areas. First, a physician must be consulted to identify the intensity level that each participant is allowed to exercise.⁵ Then, it is up to the class leader to select and conduct the activities at the level established by the physician.

George Tibbs obtained the necessary physical examination for entrance to the exercise program. His physician prescribed moderately progressive exercises which were quite adequate for George's physical condition. However, as stated earlier, George had advanced his exercises without consulting the class leader.

The environment in which exercise programs are conducted is another responsibility of the supervisor. For example, he must establish rules concerning safety, provide protective equipment, control heat and light as needed, modify activities, and make necessary adjustments to all.

In the case of Mr. Tibbs, the environment was not an issue. At the time, the group was performing their exercises outdoors in 70° weather.

So, in answering the liability question—the answer is "no," the Seatonville Park District is not liable for the death of Mr. Tibbs . . . George Tibbs himself is liable.

In conclusion, an exercise program is not subject to more law suits than other types of programs, however, it does require a higher degree of care in programming. George Tibbs is the Seatonville Park District's sad example of the necessity of that care.

¹ Betty Van der Smissen, "Legal Aspects of Adult Fitness Programs," Journal of Health, Physical Education, Recreation, Vol. 45, No. 2, Feb. 1974, p. 55.

² Ibid.

³ Ibid.

⁴ Ibid.

⁵ Barry A. Franklin, "Motivating and Educating Adults to Exercise," Journal of Health, Physical Education and Recreation, Vol. 49, No. 6, June 1978, p. 13.

REFERENCES

Clarke, H. Harrison, "Exercise and Aging," Physical Fitness Research Digest, 7, 2 (April 1977), 5-33. Franklin, Barry A., "Motivating and Educating Adults to Exercise," Journal of Physical Education and Recreation, 49, 6 (June 1976), 13-19.

Frekony, George A., "Effects of an Exercise Program on Selected Flexibility Measurements of Senior Citizens," The Geroniologist, 15, 2 (April 1975), 182-83.

Van der Smissen, Betty, "Legal Aspects of Adult Fitness Programs," Journal of Health, Physical Education and Recreation, 45, 2 (February 1974), 54-56.

Illinois Parks and Recreation 33 November/December 1980