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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