Ch.1 Legal issues

negligence

when a person does not act reasonable, sensible or prudent person would act - unintentional harm

4 components of negligence

1. duty exists

2. failure to perform duty

3. failure to perform duty caused injury or illness

4. actual injury or illness occurred to the athlete as a result

standard of care

the manner in which the defendant acted compared with other defendants with similar qualifications

failure to act

when a defendant fails to perform a duty for the plaintiff

omission

didn’t do something you should

misfeasance

did something incorrect

commission

did something you shouldn’t

failure to act as the primary cause of injury

when the defendant’s failure to act in a reasonable manner is the primary cause of the plaintiff’s injury or illness - difficult to prove

actual harm or damages occured

the plaintiff must prove actual harm resulted from the defendant’s actions or lack thereof

tort law

civil wrong that occurs to a person’s body or property, caused by another person - not a criminal act

forseeability

the ability of a person to anticipate danger and resultant harm that could occur to others sharing in the special relationship

ie: act of God (weather)

comparable fault

when the court assigns some fault to both the defendant and the plaintiff as a percentage of total fault

contributory negligence

differs from comparable fault with regard to compensation awarded to plantiff

vicarious liability

(respondent superior) when an employer is responsible for its employees negligent acts

ie: manager

failure to act

when a defendant fails to perform a duty for the plaintiff

standard of care

the manner in which the defendant acted compared with other defendants with similar qualifications

Assumption of risk

when a person knowingly recognizes the inherent risk of injury by participating in an activity, and then voluntarily participates in the activity anyway

implied assumption of risk

when an athlete assumes the inherent danger associated with an activity

express assumption of risk

waiver, when the participant recognizes the potential for harm

why some waivers are not upheld in court

doesn’t include all risks, faulty equipment, document changes, minor signature, overly complicated wording.

good samaritan law

protects someone from legal liability when he or she is assisitng an injured or ill person

statue of limitations

finite number of years in which a person can file a negligence claim

proper documentation examples

waivers, release of liability, assumption of risk, PPEs, questionnairs, consent forms, etc

EAP (emergency action plans)

Written documents that prepare personnel and athletes for various emergencies like illness, fire, or environmental emergencies

Actions to prevent lawsuits

qualified employees, proper equipment, liability and malpractice insurance, proper supervision, proper training