Module 3 - Employer Liability and More

Question 1

are athletic directors still liable for volunteers since they aren’t paid?

Answer 1

yes – liability depends on the level of control exerted over their actions, not on their unpaid status

Question 2

what is vicarious liability

Answer 2

an employer is responsible for certain acts of its employees; responsible for negligence of its employees if it is in the “scope of employment”

Question 3

are employers responsible for intentional and/or criminal acts of their employees

Answer 3

generally no

Question 4

when can an employer be held responsible for employee’s intentional torts?

Answer 4

if the employer knew or should have known that the employee may commit an act of wrongdoing (hiring, supervision, retention)

Question 5

T or F: independent contractors or outsourcing can shield employer from liability

Answer 5

true

Question 6

when can an employer be held liable for using independent contractors?

Answer 6

if they used negligent selection – must hire competent independent contractors

Question 7

employers have a duty of care to what three statuses of users?

Answer 7

invitees
licensees
trespasser

Question 8

invitee:

Answer 8

anyone invited onto premises in connection with business/activity for the mutual benefit to both parties

Question 9

licensee:

Answer 9

permission or consent of landowner, but no benefit to landowner (someone wants to rent HS gym, owes those people duty of care)

Question 10

trespasser

Answer 10

without permission, NO legal duty of care

Question 11

In which situation can a trespasser be owed duty of care?

Answer 11

attractive nuisance (gate left open, door unlocked, attractive soccer field with goal not bolted down)

Question 12

what are the duties owed to invitees?

Answer 12

-design safe facility
-warn of hidden dangers
-inspect
-repair damages
-give emergency medical assistance

Question 13

what are the most common type of spectator injuries?

Answer 13

injuries caused by projectiles and other injuries

Question 14

What is the Americans with Disabilities Act (1990)

Answer 14

prohibits discrimination against individuals in all areas of public life including jobs, schools, transportation, and all public and private places that are open to the general public

Question 15

how many million americans have physical or mental disabilities?

Answer 15

43 million

Question 16

What is title I of ADA?

Answer 16

equal access to employment

Question 17

What is title II of ADA?

Answer 17

prohibits discrimination in all service programs and activities provided by State and local governments

Question 18

What is Title III of ADA?

Answer 18

places of public accommodation

Question 19

Any facilities built before what year doesn’t have to have major accommodations in place for ADA

Answer 19

1992

Question 20

What percentage of seating must have wheelchair access?

Answer 20

at least 1% and have a comparable line of sight

Question 21

What percentage of hearing devices must be available per the ADA?

Answer 21

4%

Question 22

What three categories are considered unreasonable for an athlete with a disability to participate in a sport/activity?

Answer 22

1. fundamental alterations of the athletic activity
2. undue financial or administrative burden imposed on the governing body or school system making the application of the rule impractical
3. safety risks to the health/safety of the person with disability or the participants

Question 23

What things are needed to bring a title II discrimination claim forward?

Answer 23

-He/she is disabled as defined by the ADA
-defendant is private entity that owns, leases or operates a place of public accommodation
-the defendant employed a discriminatory policy or practice
-defendant discriminated against the plaintiff/disabilities by failing to make a requested modification that was necessary to accommodate the disability