Sports Law Flashcards
Tort
a private or civil wrong against a person, to property, or to one’s reputation - can be un/intentional
Most common in sport and recreation tort
assault and battery, defamation, invasion of privacy, negligence
Risk
the chance of injury to your members or participants, damage to your property or property of others which you may be responsible for, or other loss to your organization, directors, volunteers,
members, or to someone else
Risk management
reducing the chances of injury, damage or loss by taking steps to identify, measure, and control risks
Negligence
behaviour or action which falls below a reasonable standard of care
Four elements must be proven for negligence
Duty, the act, cause, damage
Duty
a relationship must exist between parties where there is a duty owed to protect or not expose a person to unreasonable risk of injury
The act
whether or not there is a breach of duty
Cause
the breach is the actual cause of the harm
Damage
the actual damage that has occured
Liability
when a person or organization is
responsible for the negligent conduct, which
often results in compensation - liability would most likely be a problem in
situations involving unreasonable risk
Doctrine of Respondeat Superior
an employer is liable for the negligence of an employee, not liable where employee acts outside the scope of their responsibility, gross negligence
Good samaritan laws
a citizen assists an injured party “out of the goodness of their heart” and not due to any duty of care owed
Governmental Immunity
Where some public institutions (schools, municipalities, etc.) are given immunity from certain negligent acts
Standard of care
An expectation that an individual will act according to the standards of a profession, determined by foreseeability: could a reasonable and prudent professional have foreseen the potential exposure to risk
Primary assumption of risk
consent of the injured party; participation was free and voluntary, individual consents to risk inherent and integral to the activity, knowledge of the activity
Reasonable risk
consists of an activity that is a norm or an inherent part of the event or game
Unreasonable risk
any type of activity that is not part of the event or game
Secondary assumption of risk
persons own behaviour contributes to injury, failure to heed warnings
Criteria in an effective worning
obvious and direct, specific to the risk, understandable by the party being warned, located at point of hazard or at appropriate time
Intentional torts
disturbance of intangible interests, interference (physical) with person
Disturbance of Intangible Interests
invasion of privacy, defamation
Interference (physical) with person
participant vs. participant, reckless regard, criminal assault and battery, hazing
Employment torts
negligent hiring, negligent supervisor, negligent retetsion
Risk management phases
analysis and control, statements of policy, operational practices and procedures, implementation of plan,
Phase one; analysis control
identify risks, estimate frequency and severity, determine approaches to control risks
Alternative control approaches P1
avoidance, transference, retention, reduction
Avoidance
discontinue practice
Transference
shift liability to another party (insurance, contract)
Retention
accept risks and costs
Reduction
reduce exposure to risk in operations
Phase 2; statements of policy
types of insurance to cover; travel restrictions
Phase 3
operational practices and procedures
Phase 4; implementation of plan
risk manager, employee involvement, manual, info/documentation system, public relations, monitoring
