Chapter 2: Tort Law and Product Liability

Tort

A category of law that encompasses situations in which a civil wrong has been committed. It is either negligent or intentional conduct that results in harm or injury to a person or property.

Negligence

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

Examples of negligence

• Slip and falls

• Automobile accidents

• Work related accidents

• Serving liquor to an underage person, resulting in injury to an innocent person

• Premise liability

Negligence is the most likely type of lawsuit a sports manager will face.

Four Elements of Negligence

1. Standard of care

2. Breach of duty

3. Causation

4. Injury (Damages)

Each element must be found to exist before a plaintiff can recover.

Standard of care

The duty or responsibility owed by a defendant (could be a person or an organization). States and federal laws, case precedent, rules and regulations, industry standard, sport policies in place, are sources of examples of what is the standard of care.

Breach of duty

Plaintiff must prove that the defendant breached the standard of care.

Causation

Must be shown that the defendant’s conduct and breach of duty caused the plaintiff’s injury or harm.

Injury

For there to be negligence in action, some actual harm or injury must exist and damages need to be proven.

Compensatory damages

Damages which compensate the plaintiff such as medical expenses, lost wages, pain and suffering, mental distress, or a permanent injury.

Punitive damages

These damages are awarded to punish the defendant for their willful or wanton conduct (Sandy Hook Case). Selling alcohol to a visibly intoxicated person at a football game which intoxicated person then drives an automobile causing an accident resulting in serious injury or death to a person could justify an award of punitive damages.

Assumption of risk

A legal defense to recovery by an injured person. Playing a contact sport such as hockey or football, those players assume the risk of being injured as they voluntarily consent to contact.

Comparative Negligence

Most states have comparative negligence laws which apportions damages according to the degree to which the party is at fault.

Intentional Tort

A tort (civil wrong) resulting in harm to a person or property that is committed with intent.

Battery

Is the intentional, harmful or offensive touching of another which is unpermitted and not consensual.

An example of offensive touching?

Offensive touching may arise in conjunction with a sexual harassment claim or an athlete who strikes a spectator or a coach who strikes a player

Assault

Closely associated with a battery but differs in that an assault is the threat of a battery.

Defamation

A false statement made in the presence of a third party

Two forms:

• Libel

• Slander

Slander

The oral form of defamation (It is spoken)

Require that it be published to a third person (i.e., to someone other than the person making the statement and the person affected by the statement)

Truth is the defence

Libel

Written form of defamation

Require that it be published to a third person (i.e., to someone other than the person making the statement and the person affected by the statement)

Truth is the defence

False Imprisonment

The intentional, wrongful, and unreasonable confinement of another (child is told to stay in one place for an unreasonable length of time - wrongful detention of a spectator or patron)

Intentional Infliction of Emotional Distress

An intentional act that represents extreme and outrageous conduct and results in severe emotional distress (repeatedly texting or emailing highly offensive and sexual language to another which is extreme and outrageous)

Invasion of the Right to Privacy

Appropriating someone’s name, likeness, or image without first obtains permission or consent to do so.

Product Liability

Liability for harm

Caused by a consumer product (defective helmet, defective sports equipment, etc.)