sports law - tort, liabilities and risks

Question 1

tort

Answer 1

a private of civil wrong against a person, to property, or to one’s reputation

Question 2

risk

Answer 2

the chance of injury to your member or participants, damage to your properties or property of others, and loss of organization or staff

Question 3

risk management

Answer 3

reducing the chances of injury damage or loss by taking steps to identify, measure and control risk

Question 4

negligence

Answer 4

the behaviour or action which falls below a reasonable standard of care

Question 5

liability

Answer 5

when a person or organization is responsible for the negligent conduct

Question 6

4 elements of negligence

Answer 6

1. duty
2. the act
3. cause
4. damage

Question 7

duty

Answer 7

the relationship must exist between parties where there is a duty owed to protect or not expose a person to unreasonable risk or injury

Question 8

the act

Answer 8

whether or not there is a beach of duty

Question 9

cause

Answer 9

the breach is the actual cause of harm

Question 10

damage

Answer 10

the actual damage that has occured

Question 11

Doctrine of Respondent Superior

Answer 11

1. Where an employer is liable for the negligence of an employee
2. When an employee cause negligence, the employer is liable
3. Gross Negligence - Acts that exhibit considerable lack of care

Question 12

Good Samaritan laws

Answer 12

1. where a citizen assists an injured party out of the goodness of their heart

Question 13

government immunity

Answer 13

where some public institutions are given immunity from certain negligent acts

Question 14

standard of care

Answer 14

an expectation that an individual will act according to the standard of a profession

Question 15

consent of the injured party

Answer 15

1. Participation was free and voluntary
   No coercion involved
2. Individual consents to risks inherent in the activity, and integral to activity
3. Knowledge of the activity
   If skilled, should be aware of all risk, if not, then duty owed by provider to instruct

Question 16

reasonable risk

Answer 16

an activity that is a norm or.an inherent part of the event or game

Question 17

unreasonable risk

Answer 17

any type of activity that Is not part of the event or game

Question 18

secondary assumption of risk

Answer 18

1. the persons own behaviour contributes to injury

Question 19

criteria in an effective warning

Answer 19

1. Obvious and Direct
2. Specific to the Risk
3. Understandable by the party being warned
4. Located at point of hazard, or at appropriate time

Question 20

risk management in sport recreation management

Answer 20

1. PA and sport events include elements of risk
2. not about eliminating risk, but reducing and managing
3. Acknowledge and try to minimize
4. should not change the inherent nature of the activity
5. a responsibility of everyone in an organization – everyone must be concerned about risk management

Question 21

defamation

Answer 21

the action of wrecking good reputation of someone

Question 22

negligent hiring

Answer 22

need criminal background

Question 23

negligent supervisor

Answer 23

can’t ignore employee conduct

Question 24

negligent retention

Answer 24

must discharge unfit employee

Question 25

phase 1 of avoiding tort liabilities

Answer 25

1. identify risks
2. estimate frequency and severity
3. determine approaches to control risks

Question 26

avoidance

Answer 26

discontinue practice

Question 27

transference

Answer 27

shift liability to another

Question 28

retention

Answer 28

accept risks and costs

Question 29

reduction

Answer 29

reduce exposure to risk

Question 30

phase 2 of avoiding tort liabilities

Answer 30

statements of policy

Question 31

phase 3 of avoiding tort liability

Answer 31

operational practices and procedures

Question 32

phase 4 of avoiding tort liability

Answer 32

Implementation of Plan

1. Risk Manager – designate individual(s)
2. Employee Involvement – safety committee, etc.
3. Manual – procedural guidelines 4. Information/documentation system – forms, etc.
4. Public Relations
5. Monitoring