Sports Law: Torts, Liabilities, and Risk

Question 1

Tort:

Answer 1

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

Question 2

Tort can be _____ or _____.

Answer 2

• intentional

- unintentional

Question 3

Most common torts in sport and recreation:

Answer 3

• assault and battery
• defamation
• invasion of privacy
• negligence

Question 4

Risk is the chance of:

Answer 4

• injury to your members or participants
• damage to your property or property of others which you may be responsible for
• other loss to your organization, directors, volunteers, members, or to someone else

Question 5

Risk management:

Answer 5

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

Question 6

2 legal terms associated with risk management:

Answer 6

• negligence

- liability

Question 7

Negligence:

Answer 7

behaviour or action which falls below a reasonable standard of care

Question 8

Liability:

Answer 8

when a person or organization is responsible for the negligent conduct, which often results in compensation

Question 9

Liability would most likely be a problem in situations involving ____ ____.

Answer 9

unreasonable risk

Question 10

Negligence: 4 elements must be proven:

Answer 10

• 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 occurred

Question 11

Doctrine of respondeat superior:

Answer 11

• where an employer is liable for the negligence of an employee
• not liable where employee acts outside the scope of his/her authority or responsibility
• gross negligence

Question 12

Good samaritan laws:

Answer 12

• where a citizen assists an injured party out of the goodness of their heart and not due to any duty of care owed
• protect samaritan from negligence but not gross negligence

Question 13

Governmental immunity:

Answer 13

where some public institutions (schools, municipalities, etc.) are given immunity from certain negligent acts

Question 14

Standard of care:

Answer 14

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

Question 15

Standard of care is determined by _____:

Answer 15

• foreseeability

- could a reasonable and prudent professional have foreseen the potential exposure to risk

Question 16

Primary assumption of risk: 3 parts to consent of the injured party:

Answer 16

1. participation was free and voluntary
2. individual consents to risks inherent in the activity and integral to activity
3. knowledge of the activity (risk can be implied or expressed)

Question 17

Reasonable risk:

Answer 17

• an activity that is a norm or an inherent part of the event or game
• one could expect (injury damage or loss) in this way as part of the event

Question 18

Unreasonable risk:

Answer 18

• any type of activity that is not part of the event or game

- one would not expect this type of (injury damage or loss) in the event

Question 19

Secondary assumption of risk:

Answer 19

• the person’s own behaviour contributes to injury

- failure to heed warnings

Question 20

Criteria in an effective warning:

Answer 20

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 21

Physical activity and sport events include elements of ____.

Answer 21

risk

Question 22

Risk management is not about _____ risk, but ____ and _____.

Answer 22

• eliminating
• reducing
• managing

Question 23

Risk management should not change the ____ ____ of the activity.

Answer 23

inherent nature

Question 24

Risk management is a responsibility of ____ in an organization.

Answer 24

everyone

Question 25

2 types of intentional torts:

Answer 25

- disturbance of intangible interests | - interference (physical) with person

Question 26

Disturbance of intangible interests:

Answer 26

- invasion of privacy | - defamation

Question 27

Interference (physical) with person:

Answer 27

- participant vs participant - civil assault and battery - reckless disregard (intent to injure) - criminal assault and battery (must be malicious intent, charges brought by public prosecutor) - hazing

Question 28

3 types of employment torts:

Answer 28

- negligent hiring - negligent supervisor - negligent retention

Question 29

Negligent hiring:

Answer 29

need criminal background checks

Question 30

Negligent supervisor:

Answer 30

can't ignore employee conduct

Question 31

Negligent retention:

Answer 31

must discharge unfit employee

Question 32

4 phases of risk management (avoiding tort liabilities):

Answer 32

1. analysis and control 2. statements of policy) 3. operational practices and procedures 4. implementation of plan

Question 33

Phase 1: analysis and control:

Answer 33

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

Question 34

Alternate control approaches:

Answer 34

- avoidance (discontinue practice) - transference (shift liability to another party) - retention (accept risk and costs) - reduction (reduce exposure to risk in operations)

Question 35

Phase 2: statements of policy:

Answer 35

- types of insurance to cover | - travel restrictions

Question 36

Phase 4: implementation of plan:

Answer 36

1. risk manager 2. employee involvement 3. manual 4. information/documentation system 5. public relations 6. monitoring

Question 37

Legal issues are ____ _____.

Answer 37

case specific