Chapter 11 - Risk Management Flashcards
To minimize liability anytime people are involved an activity where illness, injuries or accident could happen?
Risk Management Defined
Increased participation in year-round activities, new technology, and more sophisticated equipment and increased access to legal services?
Why Lawsuits are Increasing
Intentional acts against the public that are addressed in state and federal penal codes?
Type of Law: Criminal Law
Civil issues that involve a breach of contract where people seed to be compensated for losses?
Example: Injuries or damage to property most associated with recreation and sport.
Type of Law: Tort Law
Act that results in personal injury or property due to carelessness in the course of one’s duties? Four elements must exist?
Negligence Defined
Element of Negligence
Responsibility or legal obligation to another individual based on a legal relationship mandated by law, inherent to the relationship, or voluntarily undertaken?
Duty Defined
Element of Negligence
Acts measured against what a reasonable, prudent and competent person would do in a similar situation?
Standard of Care Defined
Element of Negligence
In any organization, interns, volunteers, and staff are held to the same standard of what is reasonable?
Standard of Care for Personnel
Element of Negligence
Relates to the ages of people generally held responsible for their own actions?
“Rule of Seven” Defined
Element of Negligence
The population of children not responsible for their own welfare and considered immature to recognize dangerous situations?
Rule of Seven - Children less than 7 years old.
Element of Negligence
The population of children partially responsible for their own safety and can recognize warnings and dangerous situations?
Rule of Seven - Children 7 to 14 years old.
Element of Negligence
Have experience and able to make good judgments and mostly responsibility to make good judgments? (Have the capacity to understand risks and take appropriate actions.)
Rule of Seven - Youth 14 through 21 years old.
Element of Negligence
Leader/Supervisor does not do something he/she should do in a situation?
Act of Omission Defined
Element of Negligence
The leader does something he/she should do, but does it incorrectly?
Act of Commission Defined
Element of Negligence
Neglects his/her duties altogether and lacks involvement? (Example: Lifeguard at a water park talking to guests instead of watching the pool)
Passive Negligence Defined
Element of Negligence
The injury was a direct cause of an action and that action caused the injury?
Proximate Cause Defined
Element of Negligence
An actual physical or emotional injury to a person or physical damage to property or equipment occurs?
Injury/Damage Defined