Chapter 25: Legal aspects of personal training Flashcards
What is the civil system?
Judicial system that applies to one’s private rights & therefore to personal responsibilities or obligations that individuals must recognize & observe when dealing with others
What is termed a contract?
Legally binding promise or performance given in exchange for another promise or performance supported by adequate consideration - something of value
What are termed damages?
Economic or noneconomic losses due to an injury; when there is a breach of contract, the amount of money owed by the breaching party
Who is a defendant?
A person being sued or accused in a court of law
What is an informed consent?
A protective legal document that informs the client of any inherent risks associated with fitness testing & participation in an exercise program
What is legal duty?
An obligation recognized by the law requiring a person to conform to certain conduct that reflects the standard of care
What are litigations?
Process of taking legal action
What is termed negligence?
Failure to conform one’s conduct to a generally accepted standard or failure to act as a reasonably prudent person would act under the circumstances
Who is the plaintiff?
The “injured” person who brings a suit or complaint into a court of law
What is breach of duty?
Conduct of a PT that is not consistent with the standard of care
What is proximate cause?
Cause that immediately precedes and produces an effect
What is risk management
Facet of the emergency plan designed to decrease and control the risk of injury from client participation, and therefore the risk of liability exposure. Risk management may involve internal and external audits to identify potential problems, as well as actions taken to improve the safe delivery of services and reduce the chances of untoward events & potential lawsuits
What is standard of care?
Set of criteria for appropriate duties of a personal trainer
What is scope of practice?
Legal boundaries that determine the extent of a personal trainer’s professional duties
What is assumption of risk?
Defense for the personal trainer whereby the client knows that there are inherent risks with participation in an activity but still voluntarily decides to participate
