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Flashcards in Chapter 11 - Risk Management Deck (44)
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To minimize liability anytime people are involved an activity where illness, injuries or accident could happen?

Risk Management Defined


Increased participation in year-round activities, new technology, and more sophisticated equipment and increased access to legal services?

Why Lawsuits are Increasing


Intentional acts against the public that are addressed in state and federal penal codes?

Type of Law: Criminal Law


Civil issues that involve a breach of contract where people seed to be compensated for losses?

Example: Injuries or damage to property most associated with recreation and sport.

Type of Law: Tort Law


Act that results in personal injury or property due to carelessness in the course of one's duties? Four elements must exist?

Negligence Defined


Element of Negligence

Responsibility or legal obligation to another individual based on a legal relationship mandated by law, inherent to the relationship, or voluntarily undertaken?

Duty Defined


Element of Negligence

Acts measured against what a reasonable, prudent and competent person would do in a similar situation?

Standard of Care Defined


Element of Negligence

In any organization, interns, volunteers, and staff are held to the same standard of what is reasonable?

Standard of Care for Personnel


Element of Negligence

Relates to the ages of people generally held responsible for their own actions?

"Rule of Seven" Defined


Element of Negligence

The population of children not responsible for their own welfare and considered immature to recognize dangerous situations?

Rule of Seven - Children less than 7 years old.


Element of Negligence

The population of children partially responsible for their own safety and can recognize warnings and dangerous situations?

Rule of Seven - Children 7 to 14 years old.


Element of Negligence

Have experience and able to make good judgments and mostly responsibility to make good judgments? (Have the capacity to understand risks and take appropriate actions.)

Rule of Seven - Youth 14 through 21 years old.


Element of Negligence

Leader/Supervisor does not do something he/she should do in a situation?

Act of Omission Defined


Element of Negligence

The leader does something he/she should do, but does it incorrectly?

Act of Commission Defined


Element of Negligence

Neglects his/her duties altogether and lacks involvement? (Example: Lifeguard at a water park talking to guests instead of watching the pool)

Passive Negligence Defined


Element of Negligence

The injury was a direct cause of an action and that action caused the injury?

Proximate Cause Defined


Element of Negligence

An actual physical or emotional injury to a person or physical damage to property or equipment occurs?

Injury/Damage Defined



Have the duty to "supervise" depending on the relationships, the standard of care, skill level of the participants and "Rules of Seven"?

Supervision Defined



The Leader acts in place of the parent or legal guardian and is required to provide a higher quality of care?

Loco Parentis Defined



23% of all lawsuits against recreation and sports leaders?



Three Types of Supervision

Leader oversees the broad conduct of the participants and maintains close visual, and voice contact?

General Supervision Defined


Three Types of Supervision

Change in the situation determines a change in the level of supervision especially from general skills to specific skills or a change in environmental conditions?

Transitional Supervision Defined


Three Types of Supervision

Used when the instruction is involved and especially when participants are low skilled. Close visual and voice contact is essential and personal contact may also be needed?

Specific Supervision Defined


Leaders as Supervisors

Have a legal duty and measured against how a reasonable and prudent professional would act in a similar situation?

Leaders as Supervisors Defined


Supervisor Functions

Maintain control of the group behavior while maintaining safe conditions and enforcing rules?

Manage Participant Behaviors


Supervisor Functions

Provide aid in an emergency, activate EMS, and ensure leaders have First-Aid, CPR, and AED training?

Render Emergency Care


Supervisor Functions

Establish rules for all different skill levels for all participants allowing different environmental conditions?

Enforce Rules Equitably


Supervisor Functions

Responsible for the behavior of participants, staffing numbers, the difficulty level of activity, equipment and foresee unexpected potential dangerous situations?

Alert to Dangerous Situations


Supervisor Functions

Scout ahead of time when an activity is conducted away from the home facility or in a new geographic location?

Maintain Responsibilities Off Premise


Supervisor Functions

Written plan that educates current staff and is used to train new staff members? Used as a guide for unexpected situations and should be reviewed and updated regularly?

Develop/Utilize Supervision Plan