Module 2 - Unintentional Torts Flashcards
what is an unintentional tort
a civil wrong other than a breach of contract that usually refers to the causing of damage or injury to property, a person, a person’s reputation, or a person’s commerical interest
what are the most common examples of unintentional torts in high schools?
injuries suffered by athletes or spectators
what is the definition of negligence?
conduct that falls below the standard established by law for the protection of others against unreasonable harm
can punitive damages be awarded when there is negligence in an unintentional tort?
no
what are the 4 elements of negligence that must be present
- duty
- breach of duty
- causation
- damages
what is a statute of limitation in reagrd to defense strategies
a time limit to file a lawsuit from when a tort occurred (most states = 2 years)
act of god (defense against negligence)
rare; an unforeseeable and unpreventable act like a natural disaster
assumption of risk - primary/secondary (defense)
primary: plaintiff understands and voluntarily agrees to accept the inherent risk of an activity
secondary: plaintiff acted unreasonably (didn’t follow rules or instruction)
what is contributory negligance
principal by which the plaintiff who contributed in any way to their own injury may not recover damages
what is comparative negligence
allows the plaintiff to recover some (%) of damages – share responsibility for damages that took palce
government immunity (defense)
ability to escape legal responsibilities; preludes a suit being brought against certain government entities
what are some common areas of sport negligance in HS athletics?
lack of supervision
improper instruction or training
unsafe use of equipment
improper medical care
negligence in transportation
what is the most important legal duty for ADs?
duty to plan
