sports law - tort, liabilities and risks Flashcards
tort
a private of civil wrong against a person, to property, or to one’s reputation
risk
the chance of injury to your member or participants, damage to your properties or property of others, and loss of organization or staff
risk management
reducing the chances of injury damage or loss by taking steps to identify, measure and control risk
negligence
the behaviour or action which falls below a reasonable standard of care
liability
when a person or organization is responsible for the negligent conduct
4 elements of negligence
- duty
- the act
- cause
- damage
duty
the relationship must exist between parties where there is a duty owed to protect or not expose a person to unreasonable risk or injury
the act
whether or not there is a beach of duty
cause
the breach is the actual cause of harm
damage
the actual damage that has occured
Doctrine of Respondent Superior
- Where an employer is liable for the negligence of an employee
- When an employee cause negligence, the employer is liable
- Gross Negligence - Acts that exhibit considerable lack of care
Good Samaritan laws
- where a citizen assists an injured party out of the goodness of their heart
government immunity
where some public institutions are given immunity from certain negligent acts
standard of care
an expectation that an individual will act according to the standard of a profession
consent of the injured party
- Participation was free and voluntary
No coercion involved - Individual consents to risks inherent in the activity, and integral to activity
- Knowledge of the activity
If skilled, should be aware of all risk, if not, then duty owed by provider to instruct
reasonable risk
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
- the persons own behaviour contributes to injury
criteria in an effective warning
- Obvious and Direct
- Specific to the Risk
- Understandable by the party being warned
- Located at point of hazard, or at appropriate time
risk management in sport recreation management
- PA and sport events include elements of risk
- not about eliminating risk, but reducing and managing
- Acknowledge and try to minimize
- should not change the inherent nature of the activity
- a responsibility of everyone in an organization – everyone must be concerned about risk management
defamation
the action of wrecking good reputation of someone
negligent hiring
need criminal background
negligent supervisor
can’t ignore employee conduct
negligent retention
must discharge unfit employee
phase 1 of avoiding tort liabilities
- identify risks
- estimate frequency and severity
- determine approaches to control risks
avoidance
discontinue practice
transference
shift liability to another
retention
accept risks and costs
reduction
reduce exposure to risk
phase 2 of avoiding tort liabilities
statements of policy
phase 3 of avoiding tort liability
operational practices and procedures
phase 4 of avoiding tort liability
Implementation of Plan
- Risk Manager – designate individual(s)
- Employee Involvement – safety committee, etc.
- Manual – procedural guidelines 4. Information/documentation system – forms, etc.
- Public Relations
- Monitoring
