Inverted Flashcards
A defendant’s defense to a claim that may include assumption of risk, duress, statue of limitations or failure of contract.
Affirmative Defense
Language in an agreement designed to make the participant waive or appear to waive any legal rights, or that appears to release the program/provider from liability for negligence.
Exculpatory Language
Language that attempts to require a participant to reimburse the provider should another party bring a claim.
Indemnity Language
The provider takes the “place of the parent”.
In Loco Parentis
Damages may be sought by a spouse whose husband or wife has been hurt or killed by another.
Laws of Consortium
“Let the master answer” for the acts of an employee acting within the scope of employment.
Respondeat Superior
Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant.
Contributory Negligence
Allows a court to determine the defendant’s fault/negligence and the plaintiff’s contributory fault/negligence.
Comparative Fault
Wrongdoing against a person who suffers damages
Tort
Assault, fraud, slander, misrepresentation.
Intentional Tort
Wrong doings based on negligence.
Unintentional Tort
Action taken by a party disappointed with the lower court’s ruling, seeking a higher courts review.
Appeal
The higher courts treatment of a lower court’s ruling to allow that lower court ruling to stand.
Affirm or Approve
The law that applies to private wrongs. Violations result in an award of money – A defendant may be sued, but not incarcerated.
Civil Law
The law that applies to public wrongs. This law is defined by federal or state statues. Violations result and incarceration or payment of a fine.
Criminal Law
The party who is sued for wrong doing.
Defendant
The party who brings the lawsuit.
Plaintiff
To end a lawsuit, sometimes reserving the right to bring it again.
Dismiss
Risks integral to a recreational activity that cannot be eliminated without destroying the unique character of the activity. Moguls, Whitewater, falling rocks, weather.
Inherent Risks
Describes the limits of the power of a court to deal with a controversy, or the geographic boundaries of court.
Jurisdiction
A negotiated resolution of a lawsuit usually before the trial.
Settlement
A written U.S. law passed by legislature.
Statue
A ruling of the court disposing of the case, without trial, if the material facts are not disputed and the law clearly favors the party seeking summary judgment.
Summary Judgement
Failure to exercise reasonable care.
Negligence
The doing of an act with the absence of even a slight diligence.
Gross Negligence
Conduct in which the defendant exhibits a conscious disregard for the safety of others. Can involve an element of intent.
Willful And Wanton Misconduct
An unplanned, potentially dangerous occurrence resulting in injury, property loss or near miss.
Accident
An incident that did not result in injury, illness or damage, but had the potential to.
Near Miss
A term applied to the individual or combined assessments of the probability of loss and potential amount of loss
Risk
An agreement with a participant wherein the participant acknowledges awareness of certain risks inherent in the activity.
Assumption of Risk
The systematic application of management policies, standards, and procedures to identify, analyze, assess, treat, and monitor risk.
Risk Management
An obligation to act toward others and the public with the degree of watchfulness and prudence that a reasonable person in similar circumstances would have.
Duty of Care
Established rules and generally excepted operating procedures, practices, and requirements defined by national associations and leading outdoor organizations.
Industry Standard
Binding, overarching safety directives designed to influence and determine safety related decisions.
Policy
The control of recognized hazards to attain an acceptable level of risk.
Safety
