Sport Physical Activity and the Law

1
Sport Physical Activity and the Law

• Chapter 13
• Basic Principles and Concepts of Tort Liability

2
Roots of the Liability Explosion

• Insurance shortfalls
• The right to sue
• The doctrine of entitlement
• Settlements
• The myth of being risk free

3
Negligence Defined

• A tort is a legal wrong for which one may seek
  compensation through the courts.
• Negligence is the failure of a reasonable person,
  by act of omission or commission, to exercise the
  degree of care and forethought required of a
  person of ordinary diligence in the same or
  similar circumstances (Blacks Law Dictionary).

4
Requirements For A Successful Lawsuit

• Duty
• Breach of duty
• Foreseeability
• Loss
• Proximate cause

5
Gross Negligence

• Differs only in degree from ordinary negligence.
• Negligence in the extreme.
• E.G. To sustain a claim for gross negligence, a
  plaintiff might show that a defendant coach
  failed to exercise even slight diligence of a
  duty or consciously placed team members in a
  position of grave and unreasonable danger.

6
Ordinary Vs. Gross Negligence.So What?

• Most immunity statutes make exception for gross
  negligence ( e.g. Good Samaritan, Recreational
  User Statutes,Volunteer immunity).
• Most waivers exclude gross negligence.
• Gross negligence exposes the defendant to the
  possibility of punitive or exemplary damages.

7
Legal Defenses Against Negligence Claims

• Governmental immunity
• Tort claims legislation
• Volunteer immunity statutes
• Good Samaritan laws
• Releases

8
Legal Defenses Against Negligence Claims

• Primary assumption of Risk
• Secondary Assumption of Risk
• Contributory/comparative Fault
• Participation Agreements
• Open and obvious
• Act of God

9
Management Tools To Reduce Potential Liability

• Adherence to professional standards
• Record keeping
• Lesson plans
• Curriculum/unit plans
• Attendance records
• Testing/screening results
• Emergency action plans
• Maintenance records
• Incident reports
• Public relations