Thursday, January 24, 2019

Spring 2019 Sport Law Chapter 02 Notes both books

From the Law for Recreational and Sports Manager

chapter 2


Negligence - unintentional tort that causes injury to a person in form if physical injury, property loss, or reputation


There is no intent in negligence


There is either an act of omission or act of commission


From Blacks Law Dictionary - a secondary legal source


Negligence is the failure to use such case as a reasonably prudent and careful person would use under similar circumstances


Conduct that falls below the standard established by law - there are 6 NATA certified staff members between HHP and Athletic Training office - ask them about to give you an example of negligence in Athletic training a standard of care in athletic training


4 elements of negligence

Duty
Breach of Duty
Damage/injury
Proximate Cause

Duty = Obligations


  • sources of duty
    • inherent relationship
    • Voluntary Assumption
    • Statues


  • What was the foreseeability of the situation

Breach of duty

inherent risks = removing the risk changes the sport

tackle football - flag football

Tackle football acl injury / concussions

ordinary negligence

risk from extreme behavior

gross negligence


what is a standard of care

proximate cause

cause in fact

failure to supervise

damage

economic loss
pain and suffering
emotional distress

Sanders vs Kuna Joint School District








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