CACI No. 471

Nonliability—Instructors, Trainers, or Coaches

[Name of plaintiff] claims [he/she/ nonbinary pronoun] was harmed by

[name of defendant]’s [coaching/training/instruction]. To establish this

claim, [name of plaintiff] must prove all of the following:

1. That [name of defendant] was [name of plaintiff]’s [coach/trainer/

instructor];

2. [That [name of defendant] [intentionally injured [name of plaintiff]

or] engaged in conduct entirely outside the range of ordinary

activity involved in teaching or coaching [sport or other

recreational activity, e.g., horseback riding] in which [name of

plaintiff] was participating;]

2. [or]

2. [That [name of defendant] unreasonably increased the risks to

[name of plaintiff] over and above those inherent in [e.g., boxing];]

3. That [name of plaintiff] was harmed; and

4. That [name of defendant]’s conduct was a substantial factor in

causing [name of plaintiff]’s harm.

[Conduct is entirely outside the range of ordinary activity involved in

teaching or coaching [e.g., horseback riding] if that conduct (1) increased

the risks to [name of plaintiff] over and above those inherent in [e.g.,

horseback riding], and (2) it can be prohibited without discouraging

vigorous participation or otherwise fundamentally changing the [sport/

activity].]

[A [coach/trainer/instructor] has a duty to use reasonable care not to

increase the risks to a student over and above those inherent in [e.g.,

boxing]. A person can be unreasonable by acting or by failing to act. A

person is unreasonable if that person does something that a reasonably

careful person would not do in the same situation or fails to do

something that a reasonably careful person would do in the same

situation.]

New September 2003; Revised April 2004, June 2012, December 2013; Revised and

Renumbered from CACI No. 409 May 2017; Revised May 2020, December 2025