Sports Law: Chapter 2

Tort

A category of law that encompasses situations in which a civil wrong has been committed

Types of torts

Negligence, Intentional

Negligence definition

Occurs when someone sustains personal injury, but there is no intent to cause injury

Required elements of negligence

Duty (standard of care), breach of duty, causation, damages

Examples of negligence

Slips and falls, automobile accidents, work-related accidents

Four key elements of negligence

Standard of care, breach of duty, causation, damages

Standard of care definition

The duty or responsibility owed by a defendant to another

Factors used to determine standard of care

Case precedent, rules/regulations, laws, industry standard, federal agencies, professional associations, policies, expert opinion

Example of standard of care from regulation

Number of lifeguards required for a pool of certain size

Example of standard of care from law

Some states require AEDs in fitness centers

Example of standard of care from industry/community

Lightning safety plans for athletic complexes

Example of standard of care from federal agency

CPSC guidelines on moveable soccer goals

Duty of care

Responsibility to keep others safe and not cause harm

Breach of duty

Plaintiff must prove defendant’s conduct created unreasonable risk of harm

Causation definition

The defendant’s acts or inaction brought about injury to the plaintiff

Two types of causation

Cause in fact, Proximate cause

Cause in fact

Injury would not have occurred “but for” the defendant’s actions

Proximate cause

Defendant’s negligence was the legal cause of injury

Direct causation view

Defendant liable for all consequences if no intervening cause

Foreseeability view

Injury must have been foreseeable and probable result of negligence

Damages in negligence

Actual harm or injury must exist (physical or emotional)

Types of damages

Compensatory damages, Punitive damages

Compensatory damages

Physical pain, mental distress, economic loss, consortium, wrongful death

Punitive damages

Punish defendant rather than compensate victim

Gross negligence

Higher degree of responsibility than ordinary negligence, very subjective

Assumption of risk

Defense where plaintiffs cannot recover if they voluntarily exposed themselves to known dangers

Three requirements of assumption of risk

Inherent risk, voluntary consent, knowledge/understanding/appreciation

Inherent risk definition

Risks that cannot be removed without changing the activity (e.g., tackling in football)

Express assumption of risk

Written or verbal agreement acknowledging risks (e.g., participation waiver)

Implied assumption of risk

Conduct shows voluntary acceptance of risks (e.g., signing up for rec league football)

Contributory negligence

Defense focusing on plaintiff’s own negligence; bars recovery

Comparative fault

Apportions damages based on degree of fault between parties

Unforeseeable consequences

Freak accidents that could not reasonably be predicted may shield liability

Waiver

Contract used to protect organizations from lawsuits; informs participants of risks

Intentional tort definition

Civil wrong with intent; defendant intends consequences or knows with certainty

Examples of intentional torts

Threats, unwanted touching, spreading rumors, false imprisonment, trespass

Battery

Intentional, harmful, or offensive touching that is unprivileged/unpermitted

Assault

Threat of a battery

Defamation

False, harmful statements harming reputation

Slander

Oral form of defamation

Libel

Written form of defamation

False imprisonment

When someone believes they cannot leave a location

Intentional infliction of emotional distress

Extreme and outrageous conduct causing severe emotional harm

Invasion of privacy types

Appropriation, Intrusion, False light, Public disclosure of private facts

Appropriation example

Selling shirts with athlete’s name without permission

Intrusion example

Coach searches opposing player’s bag without permission

False light example

Newspaper falsely labels player as supporter of racist group

Public disclosure example

Publishing private financial details of high school athlete

Defense to privacy torts

First Amendment

Personal property

Moveable items like sports equipment

Real property

Land and permanently attached objects like fields or pools

Trespass to real property

Entering another’s land without permission or necessity

Trespass to personal property

Taking someone’s movable property without permission

Conversion

Keeping another’s personal property permanently

Disparagement of property

False statements harming value of another’s property

Slander of title

False statements about ownership of property

Slander of quality

False statements about quality of a product

Product liability definition

Liability for harm caused by a consumer product

Who is in the chain of manufacture?

Anyone who made or distributed the product before reaching consumer

Three legal theories in product liability

Negligence, Strict liability, Breach of warranty

Negligence in product liability

Plaintiff must show manufacturer acted unreasonably

Strict liability

Liability regardless of fault; product was defective and caused injury

Breach of warranty

Remedy for dissatisfaction with product; usually repair/replace, not injuries

Express warranty

Promises/claims in ads, labels, or sales pitches about product quality

Implied warranty

Seller knows product’s purpose and buyer relies on seller’s judgment

Implied warranty of merchantability requirements

Product passes trade description, is fit for purpose, properly packaged/labeled, conforms to promises

Manufacturing defect

Product made incorrectly

Design defect

Product unreasonably designed; affects entire product line

Risk-utility approach

Product design defective if risks outweigh benefits and safer design was possible