Legal Concerns Sports Medicine I Legal Concerns Liability
Legal Concerns Sports Medicine I
Legal Concerns Liability- the state of being legally responsible for the harm one causes another person. n Negligence- is the failure to use ordinary or reasonable care-care that persons would normally exercise to avoid injury to themselves or to others under similar circumstances. n n The standard of reasonable care assume that an individual is neither exceptionally skillful nor extraordinary cautious, but is a person of reasonable and ordinary prudence.
Establishing Negligence n To establish negligence, an individual making the complaint must establish three things: – A) duty of care existed between the person injured and the person responsible for that injury – B) conduct of the defendant fell short of that duty of care – C) resultant damages (duty of care: part of official job description)
Torts n Torts- are legal wrongs committed against the person or property of another. n A tort also serves as a deterrent by sending a message to the community as to what is unacceptable conduct. n Every person is expected to conduct themselves without injuring others
Torts n Nonfeasance: (an act of omission) when an individual fails to perform a legal duty n Malfeasance: (an act of commission) when an individual commits an act that is not legally his to perform n Misfeasance: when an individual improperly does something they have the legal right to do
Negligence n Sovereign Immunity: states that neither the government nor any individual who is employed by the government can be held liable for negligence n Good Samaritan Law: provides limited protection against legal liability to any person who voluntarily chooses to provide first aid
Negligence n Statue of Limitations: sets a specific length of time that individuals may sue for damages from negligence n Assumption of Risk: the individual, through express or implied agreement, assumes that some risk or danger will be involved in the particular undertaking. In other words, a person takes his or her own chances.
Reducing Litigation Warn athletes of potential dangers n Supervise regularly and attentively n Properly prepare and condition athletes n Properly instruct athletes in the skills of their sports n Ensure that proper and safe equipment and facilities are used by athletes at all times n
Product Liability n Refers to any or all parties along the chain of manufacture of any product for damage caused by that product
Product Liability n n Equipment can not be altered Manufactures are held liable for defects Warning labels National Operating Committee on Standards for Athletic Equipment (NOCSAE) *Will learn more with discussion of protective sports equipment*
- Slides: 10