sports law - tort, liabilities and risks Flashcards Preview

KRLS 105 > sports law - tort, liabilities and risks > Flashcards

Flashcards in sports law - tort, liabilities and risks Deck (32):
1

tort

a private of civil wrong against a person, to property, or to one's reputation

2

risk

the chance of injury to your member or participants, damage to your properties or property of others, and loss of organization or staff

3

risk management

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

4

negligence

the behaviour or action which falls below a reasonable standard of care

5

liability

when a person or organization is responsible for the negligent conduct

6

4 elements of negligence

1. duty
2. the act
3. cause
4. damage

7

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

8

the act

whether or not there is a beach of duty

9

cause

the breach is the actual cause of harm

10

damage

the actual damage that has occured

11

Doctrine of Respondent Superior

1. Where an employer is liable for the negligence of an employee
2. When an employee cause negligence, the employer is liable
3. Gross Negligence - Acts that exhibit considerable lack of care

12

Good Samaritan laws

1. where a citizen assists an injured party out of the goodness of their heart

13

government immunity

where some public institutions are given immunity from certain negligent acts

14

standard of care

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

15

consent of the injured party

1. Participation was free and voluntary
No coercion involved
2. Individual consents to risks inherent in the activity, and integral to activity
3. Knowledge of the activity
If skilled, should be aware of all risk, if not, then duty owed by provider to instruct

16

reasonable risk

an activity that is a norm or.an inherent part of the event or game

17

unreasonable risk

any type of activity that Is not part of the event or game

18

secondary assumption of risk

1. the persons own behaviour contributes to injury

19

criteria in an effective warning

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

20

risk management in sport recreation management

1. PA and sport events include elements of risk
2. not about eliminating risk, but reducing and managing
3. Acknowledge and try to minimize
4. should not change the inherent nature of the activity
5. a responsibility of everyone in an organization – everyone must be concerned about risk management

21

defamation

the action of wrecking good reputation of someone

22

negligent hiring

need criminal background

23

negligent supervisor

can't ignore employee conduct

24

negligent retention

must discharge unfit employee

25

phase 1 of avoiding tort liabilities

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

26

avoidance

discontinue practice

27

transference

shift liability to another

28

retention

accept risks and costs

29

reduction

reduce exposure to risk

30

phase 2 of avoiding tort liabilities

statements of policy

31

phase 3 of avoiding tort liability

operational practices and procedures

32

phase 4 of avoiding tort liability

Implementation of Plan
1. Risk Manager – designate individual(s)
2. Employee Involvement – safety committee, etc.
3. Manual – procedural guidelines 4. Information/documentation system – forms, etc.
5. Public Relations
6. Monitoring