LEGAL LIABILITY, RISK AND INSURANCE MANAGEMENTCHAPTER 13

Legal Liability Tort Negligence Intentional Tort Product Liability Risk Management Insurance Management

Liability is the condition of affairs that gives rise to a legal responsibility, duty, or obligation to do a particular thing.

Physical Education & Sport Examples

Sport Management & Exercise Science Examples

Injuries occurs in: a. playgrounds b. sports field c. stands d. parks e. ski area f. golf courses g. gymnasiums h. arena i. natitoriums k. locker room l. classroom

Class develop examples in the areas below.

1. 2. 3. 4. 5. 6.

TORT NEGLIGENCE

Tort comes from the Latin word meaning twist.

Is a legal wrong resulting

in direct or indirect injury to another person or property or to one’s reputation.

A tort act is a wrongful act for which the court will award damages.

Negligence occurs when a professional does or fail to do an act that another person would be expected to do.

(carelessness) For a person to be found

negligent by the court: 1. duty 2. breach of duty owned 3. breach of duty owned causing injury. 4. proximate cause of injury 5. damage or harm that is measureable compensation.

Tort in physical education and sport:

a. negligence

b. supervisory negligence

c. Intentional tort

d. Product liability

INTENTIONAL TORT PRODUCT LIABILITY

Intentional torts are injuries caused by an intended or deliberate act or failure to act.

Battery, assault, and offensive touching are examples of intentional torts to persons.

Sport product liability is the liability of anyone furnishing a defective product to the market/consumer.

To sue for product liability, the injured part has only to prove the product caused the injury.

I. The extent of the supervision:

a. number b. type c. age d. fitness level 2. The quality of

supervision: a. certification b. experience c. qualification

Risk Management:Is an ongoing process of:

a. Risk identificationb. Evaluationc. Analysisd. Control as it relates to

instructione. Programmingf. Supervisiong. Operations

Insurance Management:

Schools and other organizations employ three major types of insurance to protect themselves.

a. Protection of property Insurance

b. Protection for liability c. Crime protection and

other illegal acts.

GIRLS IN SPORTS

"No person shall on the basis of sex, be excluded from participation in, be denied the benefits of, be treated differently from another person or otherwise be discriminated against in any interscholastic, intercollegiate, club or intramural athletics offered by a recipient, or no recipient shall provide athletics separately on such basis."

Read

Hamilton, H. (2005). The early emergence of women in physical activity and sports.

1. Who was the first HBCU to promote women’s sports team?

2. What was the first sport for women at an HBCU that excelled?

3. Who was the individual responsible and what was his position at the school?

4. Name another institution that made history with their women’s program?

5. What was the connection between the two HBCU schools?

1975—Federal government published guidelines for Title IX

1976—Schools and 1978 (colleges) required to be in full compliance with Title IX

1979—Congress adopted its policy interpretation of Title IX

1984—United States Supreme Court ruled in Grove City College v. Bell that Title IX was applicable only to educational programs that directly received federal funding

“The law will bite if you are not in the right”

Dr. H. Hamilton, Title IX Consultant

Page 427 – Haffer vs Temple University Class action suit to obtain equity competitive opportunities,

resources, and financial aid for women. Discrimination recruiting, coaching, travel, per diem, equipment, facilities, publicity, etc.

Court ruled for Haffer.

Page 428 – Cohen vs. Brown University School demoted two women teams to club status. Court found violations of title IX.

Page 428 – Pederson vs. vs. Louisiana State University Suit against the Athletic Director and Chancellor for not

providing opportunities for the women population of 49% vs. 51% men.

1. Pre - participation Medical Examination Who should give them?

2. Health Insurance What type of insurance should the student have? What type of insurance should you have? What type of insurance should your school have?

3. Preseason Preparation How should you prepare?

4. Waivers and Consent- Acceptance of risk What does a waiver or consent form do?

5. Planning and Supervision 6. Equipment-What is your responsibilities?

7. Facilities- What is your responsibilities?

8. Emergency Care- What should you be prepared to do?

9. Records- Your records should reflect?

REVIEW: Page 439 1. Have proper and current license. 2. Work within the scope. 3. Minimize danger. 4. Maximize supervision for safety. 5. Inspect facilities and equipment. 6. Document in writing proper authority about problems. 7. Activity must be approved. 8. Do not force student to do activity they cannot do. 9. Act promptly in circumstances. 10. Join a professional organization and get professional

insurance. 11. Make sure athletes are covered.

Law Terms Closer look at Negligence (Physical Education &

Coach)

History of Women’s Sport Title IX Contributions of HBCU Schools Lawsuit Avoidance List Safety Concerns Key Case Studies for Title IX