Legal Aspects Final Flashcards
Goals of Risk Management
prevent medical emergencies
Respond properly to medical emergencies
Two main types of risks in risk management
health risks (cardicac arrest, stroke) Injury risks- inherent or negligent (cuts, back injuries, etc)
Risk Management def
management strategy to maintain greater control over the legal uncertainty that may wreak havoc on a sport business
Risk management decision making process
assessment
Development
treatment
Evaluation
What are the risk categories
public liability caused by negligence
public liability excluding negligence
property exposure
business operations
what is public liability caused by negligence
injuries that occur to participants
occurs when an employee is negligent in performing his/her duties
Leaving a client unattended during rock climbing session
not completing safety checks
What is public liability excluding negligence
malpractice by personnel product liability intentional torts employment practices sexual harassment civil liberty violations
Firing someone based on gender
Lack of maintenance/inspection
What is property exposures?
Financial risks related to ownership
Natural elements
Vandalism
Theft
Fire occuring in building
what is business operations?
business interruption
embezzlement and theft
medical conditions of employees
employee accidents and injuries
somoene filing workers comp. because they fell off a ladder
How do you classify a risk?
frequency- high, med, low
Severity- catastrophic, critical, moderate, low
What are the steps for developing the risk management plan?
identify the risks
classify the risks
select methods of treatment for risks
What is avoidance/elimination?
Avoid- not included
elim- should be discontinued
What is retention?
Keep risks and assume financial responsibility for certain injuries or financial losses that may occur.
May be less expensive than buying insurance
University retains the risk of loss to fences and signs
what is reduction?
most important
proactive
reduce the chance for injury and litigation
Use of alarms on doors to reduce risk of theft
what is transfer?
Shifting liabilty to another party
Waiver
Insurance coverage
Step for managing the risk management plan
hire or selct a risk manager and a risk management committee
provide the risk manager or committee with the authority to lead
Provide employees with opportunity for continual input
evaluate the plan annually
How do you implement the risk management plan?
involve all employees in process
use printed guidelines outlining risk reduction techniques
utilize a sound training program
What are the benefits of risk mgmt?
reduction of legal liability
increases efficiency of daily operations
enhanced quality of programs and services
What is the age discrimination in employment act 1967?
40+ are protected
cannot refuse to hire based on age
reducing wage due to age
have different benefits
Exeption: legal forced retirement of bus drivers, firefighters, police officers
What is the civil rights act of 1964?
prohibits discrimination based on race, color, national origin, religion, sex.
What is the equal pay act of 1963?
Prohibits pay discrepancy when skills and education are equal.
What are the types of supervision?
general- overseeing activity which does not require constant scrutiny- playground, weight room
specific- constant and continuous. More dangerous the activity- closer supervision.–High-risk activity, beginners
transitional- back and forth between the two
What are the six duties of supervision?
effective planning Proper instruction Warning of risks Provision of a safe environment Evaluation of physical and mental conditions fo participants providing emergency care
What are some special considerations for supervision?
age- higher level of expectations when working with children
experience- must make sure participants can handle exercises
special populations- disabled
size- mismatching
Dangerous activities
What is the timeline for the duty to provide transportation?
starts at departure point and ends at the same location when returned
What are some transportation options?
independent contractor, org. owned vehicle, employee vehicle, non-employee vehicle
What is the fifth amendment?
No person shall be deprived of life, liberty or property without due process of law
What is the fourteenth amendment?
Nor shall any state deprive any person of life, liberty, or property without due process of law
What does due process do?
protects and enforces private rights
What are the goals for due process?
Fair procedures
Fair treatment
What are the steps for due process analysis?
starting point is state action
what right has been deprived?
how was the due process right violated?
What are substantive rights?
General rights that reserve to the individual the power to possess or to do certain things, despite the government’s desire to the contrary.
Freedom of speech and religion
What are procedural rights?
Special rights that dictate how the government can lawfully go abou taking away a person’s freedom or property or life, when the law otherwise gives them the power to do so
What are the aspects of due process (fundamental fairness)
provide notice of the charges against you
be able to show that there is non-vague standard of conduct which you are accused of violating
Provide you with with an opportunity to rebut their charges against you in a meaningful way and at a meaningful time
establish- at a mininum- that there is substantial and credible evidence supporting its charges
Provide some explanation to the individual for the basis of any adverse finding.
What are some of the rights an individual has for the basis of any adverse finding
Elevated burden of proof that the government must satisfy
right to counsel
right to a pre-deprivation hearing
right to cross-examine witnesses
right to have a neutral person review an adverse decision
right to recover compensation for a wrongful deprivation
right to be present when adverse evidence is presented to the fact-finder
What are the elements required to establish defamation claim?
a false and defamatory statement of fact
publication to a third party
fault or negligence of the publisher
damage or actual injury
burden of proof for a public figure
statement was made with actual malice
burden of proof for private figure
statement was published negligently. lower burden of proof
Slander def
defamatory comments made orally
libel def
defamatory comments, photographs, or cartoons made in print
what are the three groups that individuals are categorized into in defamation cases?
public officials
public figures
private figures
What is a public official?
someone who works for a government and draws a salary from the public payroll
what does actual malice mean?
comment is made with knowledge that it was false or with reckless disregard of whether it was false or not
what is a public figure?
an individual, who because of their activities, command sufficient continuing public interest.
What is the limited purpose public person?
an individual who is drawn into a particular public controversy and thereby becomes a public figure for a limited range of issues
Has local recognition and constant media coverage on a local level
What is a private figure?
and individual who is not involved in public issues or employed as a public official.
What are the defenses to defamation?
truth
privalege-fair comment
What is fair comment?
form of qualified privilege applied to news media publications.
Relating to a discussion of issues that are of concern to the community because they affect the interests of the whole community
What are the two types of damages in a defamation case?
special damages- reflect actual pecuniary losses as a direct result of the defamatory comments (lost wages or business)
general damages- reflect non-quantifiable damages (damage to reputation)
