Chapter 1-Legal Issues Flashcards
Negligence
- not acting like reasonable, prudent person
- damages occurred to person or their property
tort
civil wrong that occurs to person’s body or property ; not criminal act
4 components of negligence
- duty existed by defendant
- defendant failed to do duty
- failure of duty was cause of athlete’s injury
- injury occurred to athlete
duty
person is liable and responsible for athlete’s well-being, due to special relationship w/ athlete during injury
standard of care
manner defendant acted compared to other defendants w/ similar qualifications
omission
“nonfeasance”; not doing what you’re qualified to do
misfeasance
improperly performs act person is legally able and qualified to do
commission
“malfeasance”; performs act not qualified to perform
forseeability
ability of person to anticipate danger or harm
comparable fault
- court assigns fault to plaintiff and defendant
- plaintiff gets % of compensation
contributory negligence
- court assigns fault to plaintiff and defendant
- plaintiff gets no compensation
waiver
type of contract that releases organization from liability
Good Samaritan Laws
statutes that protect one from legal liability when assisting an injured or ill person
statute of limitations
number of years in which a person can file a negligence claim