SPORT LAW

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SPORT LAW
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Tort Liability

• Tort a private or civil wrong or injury, other
  than breach of contract, suffered due to another
  person's conduct
• Civil cases duties owed to other members of
  society. In civil cases, the jury uses a
  "preponderance of the evidence standard in
  making its judgment of guilty usually involves
  monetary penalties actions are not
  crimes.

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Negligence

• The failure to act as a reasonable, up-to-date,
  and prudent person would act in similar
  circumstances (is an unintentional tort)
• Required for negligence
• A legal duty or standard of care
• A breach of the legal duty of care
• The breach of duty was the cause of the injury
• Actual loss, damage, or injury

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Defenses against Claims of Negligence

• Assumption of risk through voluntary
  participation must know, understand, and
  appreciate risks
• Sovereign immunity cannot sue the state
• Contributory negligence damages are all or none
  if the injured person was responsible for some of
  the negligence
• Comparative negligence apportionment of damages
  between the negligent individuals (plaintiff and
  defendant)

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Types of Damages

• Compensatory damages recompenses for medical
  bills, lost wages, or other actual expenses due
  to the defendant's wrongdoing and associated with
  the injury
• Punitive damages financial awards made by the
  court as a deterrent to future misdeeds
  intolerable to society

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Intentional Torts voluntary acts with a
realization of the consequences and an
understanding of the results of the acts

• Invasion of privacy unwarranted intrusions into
  private areas or disclosure of private facts
• Assault intentional creation of the reasonable
  apprehension of imminent, un-permitted, and
  offensive contact
• Battery intentional contact that is harmful or
  offensive and not permitted
• Reckless misconduct unreasonable risk of
  physical harm due to intentional action not meant
  to do harm

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Defamation an Intentional Tort

• A false statement published to a third party that
  holds the subject up to public ridicule and
  results in financial loss
• Libel written publication of defamatory matter
• Slander spoken publication of defamatory matter
• Malice or reckless disregard for the truth is
  required for defamation of a public figure
• Protection against claims of defamation
• No reason to believe the statement was false
• Person had a reason to make the statement to a
  person with a justifiable interest in knowing

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Contract Law

• An agreement (may be oral or written) between two
  or more parties that is enforceable under law
• Requirements
• Offer a conditional promise
• Acceptance made by the party to whom the offer
  was made
• Consideration an exchange of value, such as
  money
• Legality underlying bargain must be legal
• Capacity ability to understand one's acts
  (minors cannot enter into contracts)
• Precision specificity of terms
• Breach of contract failure to perform a duty
  imposed under a contract

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Agency Law

• An agent representing a "principal" by the
  latter's authority
• Independent contractor
• Player agent

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Constitutional Law

• Freedom of expression in religion, speech, the
  press, and invasion of privacy (1st Amendment)
• Unreasonable search and seizure (4th Amendment)
  drug testing is a search
• Procedural due process protect individual
  rights through the 5th and 14th Amendments to
  ensure that no person shall be deprived of life,
  liberty, or property without due process
• Equal protection (14th Amendment) for all races,
  ages, and genders
• State actor is required to follow
  constitutional law, such as due process

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Federal Laws Prohibiting Job Discrimination

• Title VII of the Civil Rights Act of 1964
  protects students and employees from
  discrimination in hiring, compensation, and
  conditions and privileges of employment based on
  race, color, religion, national origin, or sex.
• Equal Pay Act of 1963 protects males and females
  who perform substantially the same work in the
  same organization from sex-based wage
  discrimination.
• Age Discrimination in Employment Act of 1967
  protects the employment rights of individuals who
  are 40 years or older.

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Federal Laws Prohibiting Job Discrimination

• Title I and Title V of the Americans with
  Disabilities Act of 1990 prohibits discrimination
  in employment for qualified individuals with
  special needs.
• Civil Rights Act of 1991 allows monetary damages
  for victims of intentional employment
  discrimination.
• Equal Employment Opportunity Act (1972) created
  the Equal Employment Opportunity Commission,
  which enforces these laws.

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Other Equity and Equality Laws

• Occupational Safety and Health Act (1970)
  mandates the standards for safety and health in
  organizations.
• Title IX of the Education Amendments Act of 1972
  prohibits gender discrimination in educational
  programs sponsored by institutions receiving
  federal funds.

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Final Policy Interpretations of 1979

• Financial assistance (scholarships) must be
  available on a substantially proportional basis
• Program areas so that males and females receive
  equivalent treatment, benefits, and
  opportunities, such as equipment and supplies and
  practice and competitive facilities
• Interests and abilities of male and female
  students are equally effectively accommodated

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Three-Prong Test

• Participation opportunities are substantially
  proportionate to the undergraduate enrollment.
• There must have been a continuing practice of
  program expansion in response to developing
  interests and abilities of the under-represented
  sex.
• An institution must show that the interests and
  abilities of the members of the under-represented
  sex have been fully and effectively accommodated.

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Criminal Laws

• In criminal cases, the jury uses "beyond a
  reasonable doubt" standard in making its judgment
  of guilty may involve a jail sentence because
  these actions are crimes against legal statutes.
• Battery unlawful application of force to a
  person resulting in bodily injury
• Sports bribery (fixes) anti-racketeering

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Antitrust Laws

• These laws promote competition through regulation
  controlling the exercise of private economic
  power
• Sherman Antitrust Act of 1890
• Clayton Act of 1914
• 1922 exemption of Major League Baseball
• NCAA v. Board of Regents of University of
  Oklahoma and University of Georgia Athletic
  Association NCAA ruled a monopoly NCAA could
  no longer control the televising of football

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Labor Law

• Rules and regulations governing labor and
  management (rights privileges duties
  responsibilities)

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Product Liability

• Strict liability in tort seller is liable when
• Product had a defect that presents an
  unreasonable danger to the person
• Defect existed at time of sale by manufacturer
• Defect caused the injury
• Manufacturer and retailer have the duty to warn
  when the product danger is not apparent to the
  purchaser
• Warranty guarantee of minimum quality
  acceptable in the trade even though unwritten
  (merchantability) failure to do this is a breach
  of warranty
• Disclaimer is the major defense again a breach of
  warranty states how a product is to be used and
  states that it will not be responsible for
  injuries if the product is used in other ways

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Sport Law Assignment

• In numerous meetings with the former athletic
  director, female athletes claimed that athletic
  scholarships have not been provided to females on
  a substantially proportional basis, female
  athletes did not receive equivalent treatment,
  benefits, and opportunities, and the interests
  and abilities of females have not been fully and
  effectively accommodated as required by Title IX
  of the Education Amendments of 1972. As a result,
  a lawsuit was filed, and the institution was
  cited by the Office of Civil Rights for
  non-compliance with federal law. You have been
  hired to replace the fired athletic director.
  Describe the immediate, short-term, and long-term
  actions or changes that you will implement to
  ensure that your institution will begin to treat
  female athletes equitably.

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Risk Management

• Prevention and protection
• Identify potential hazards or risks associated
  with facilities, equipment, staffing,
  participants, policies and procedures, and
  programs
• Develop and implement risk management strategies
  to remove, reduce, or transfer risk

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Risk Management

• Prevention and Protection
• Actual notice eliminate hazards whenever
  possible to prevent use of unsafe area or inform
  supervisor of the necessity of having hazard
  repaired or removed
• Constructive notice hazards or potentially
  dangerous situations that a reasonable and
  prudent person should have noticed, but failed to
  notice

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Risk Management

• Making the facility safe
• Make regular inspections
• Complete preventive maintenance
• Post warnings about risks associated with using
  facility and equipment
• Enforce safety rules and regulations
• Record in detail all injuries and maintain a
  well-organized file of these reports
• Monitor, evaluate, and continuously improve the
  risk management plan

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When the Game Ends

• Rights of fans (?)
• Post-game celebrations with their team
• Encouraged by the media
• No fear of getting caught or being punished
• Damages and costs are part of winning

• Duty of caresafety owed to invitees to prevent
  foreseeable risk of criminal action
• Was there a breach of duty, such as inadequate
  security?
• Was this breach of duty the proximate cause of
  injury?
• Did the exculpatory agreement (printed on back of
  the ticket) mean that spectators assumed the risk
  of harm from the defendants negligence (allowing
  field/court rushing)?

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University Liability for Field Rushing-Injuries

• Take reasonable precautions to prevent
  foreseeable criminal actions (such as
  trespassing)
• Posting of no trespassing signs around the
  field
• Posted warnings about the risks associated with
  rushing the field
• Public address announcements about not rushing
  the field
• Adequate on-field security
• Video taping and taking photos of fans in the
  bleachers who are rushing the field

• Visual evidence of crowd (riot) control
  procedures
• Removing/lowering of the goalposts to eliminate
  the attraction of these
• Posted sanctions for rushing the field
• Disciplinary and judiciary proceeding for
  violations
• Written notices on tickets that on-field
  celebrations are strictly prohibited and that
  anyone violating this policy will be prosecuted

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Liability Insurance

• Maintain professional liability insurance
  coverage of at least 1,000,000
• Protects against claims of negligence, but not
  against intentional torts or carelessness that
  causes an injury
• Protects against claims of negligence occurring
  in the furtherance of professional duties, but
  not for activities outside of job duties
• Some states have hold harmless laws that protect
  state employees against claims of negligence
• Use only a licensed carrier or insured vehicle
  when transporting athletes

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Waiver

• Exculpatory contract through which a
  participant agrees not to sue if injured
• Athletes and all participates must know,
  understand, and appreciate the risks and
  potential for injuries in their sport (assumption
  of risk)
• Must be clearly written
• Adults waive the right to sue for negligence (but
  not for intentional torts or gross negligence,
  i.e., carelessness)
• Are executed by individuals with equitable rights
• Minors cannot (nor can their parents) sign away
  their rights minors retain the right to sue at
  least one year after reaching the age of majority
  (18 years)

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Risk Management Assignment

• As director of a health and fitness club, you are
  responsible for ensuring that all members are
  protected from unwarranted risks. Assume that
  this club offers the following activities
• Basketball league competitions and tournaments
• Cardiac rehabilitation program in conjunction
  with the local hospital
• Individual fitness work-outs, classes, and
  sessions with personal trainers
• Rock climbing on an indoor wall
• Racquetball recreational play and league
  competitions
• Swimming free swimming, lessons, and water
  aerobics classes
• In addition, this club provides child-care
  services and nutrition and weight management
  classes. Describe the specific risk management
  strategies that you would implement. Provide
  examples of signage (the wording) that you would
  post or a description of anything that
  participants would be required to do.