Risk Management and Legal Liability. Steir – Chapter 12 (17 April 2007). Class Reminders. Article Analysis #5 – Sport Law : will be returned Technology in your Profession : due next Tuesday Weekly Article #8 : due today (risk management) WebCT Quiz/Disc. #11 & #12 : Fri-Sun
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Steir – Chapter 12
(17 April 2007)
Article Analysis #5 – Sport Law: will be returned
Technology in your Profession: due next Tuesday
Weekly Article #8: due today (risk management)
WebCT Quiz/Disc. #11 & #12: Fri-Sun
Final Exam & Portfolio: due on May 1st (2:45 pm)
100 total points
A variety of question types
Bring lined paper and pencils
Review WebCT quizzes, PPT notes, chapter summaries and review questions
How would you define risk management?
Purpose of a risk management plan?
Field of Play (surfaces, lines, stands)
Equipment (fit, condition, tested, use)
Travel (plans, mode, drivers, vehicles)
Personnel (training, credentials, CPR)
Injury Prevention (prep., ATCs, heat, weather)
What are some consequences to the program?
AEDs - ?
= automated external defibrillator
= contract that absolves liability of provider
Safety issues at swimming pools?
= drowning, diving injuries, suction entrapment, water-spread illnesses
* 15 passenger vans – lots of accidents
Define Liability in terms of Sport?
Provide examples of liable scenarios or situations for sport program?
What steps can you take as a program coordinator or director to decrease potential liability?
What is a “tort”?
1) Attempt to provide a safe program environment
2) Protect organization against charge of negligence
3) Acquire insurance protection – liability insurance
What type of information is needed?
When an accident resulting in personal injury occurs in the sport environment, the questions that often arise include:
4) Does the organization and/or the employee have liability insurance?
What does the term negligence mean?
Negligence = “failure to act or perform one’s duties and responsibilities at the standard of care that is expected of a prudent professional in similar circumstances (Steir, 355).
Standard of care - Generally accepted practice and behavior within your profession
“Negligence is the failure to act as a reasonable and prudent professional would have acted in a similar situation, assuming the person possessed similar educational credentials, experience, training, and expertise(Steir, 356)
The majority of the court cases involving physical education and sport are negligence cases
These cases typically relate to:
Compensatory in nature - $$$$$$$$$$$$$
Plaintiffs usually seek monetary damages for:
- medical/hospital expenses
- rehabilitation expenses
- legal expenses (i.e. – attorney’s fees)
- income lost because of injury
Five Criteria used to determine negligence (Steir, 357):
1) the sport organization or professional had to have been responsible for providing a safe environment to the injured party
2) a safe environment was not provided
3) injury or damage to the person was caused by the unsafe environment
4) the injury must have been avoidable, and the injured party must have not been responsible
5) an actual injury or damage must have clearly occurred
Contributory Negligence? (Bucher, 404)
“when the injured party has done something that contributed to the cause of his or her injury”
– i.e. - not following instructions or wearing equipment incorrectly
Assumption of Risk? (Bucher, 404)
“persons engaging in sport know that they are taking risks – an inherent aspect of physical activity and sport” – participants must be fully aware of risks (in writing) – informed consent
What is the difference?
(as they relate to negligence)
* Professionals are becoming fearful of doing something because of the risk of being sued
To avoid tort liability, sport managers must:
1) Warn all parties of risks associated w/participation
2) Provide a safe program environment
3) Provide proper equipment, facilities and supervision
4) Acquire insurance protection – liability insurance
5) Be smart – take precautions – be professional
2007 NCAA Convention – Risk Management