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Legal Liability. PE 254. Negligence. The legal claim that a person failed to act as a reasonable and prudent person should, thereby resulting in injury to another person. Negligence. 4 Required Elements. Duty Breach Cause Harm. Negligence.

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negligence
Negligence
  • The legal claim that a person failed to act as a reasonable and prudent person should, thereby resulting in injury to another person.
slide3

Negligence

4Required Elements

Duty

Breach

Cause

Harm

negligence4
Negligence
  • Four factors must exist for negligence to be proven:
    • Presence of a duty (such as providing supervision of a class)
    • A breach of the legal duty of care (failure to act as a reasonable and prudent person would under similar circumstances)
    • Proximate cause of the injury (the action or failure to act caused the subsequent injury)
    • Substantial nature of the injuries (the extent of the injuries)
slide5

Negligence

DUTY

Examples of Duties:

• Proper Instruction

• Access to Medical Care

• Proper Progressions

• Safe Facilities

• Appropriate Supervision

• Teach safety procedures

slide6

Negligence

DUTY

?

Example:

The facilities are dangerous.

As the teacher, you owe a duty to

provide safe facilities.

If you teach in dangerous facilities

and someone is hurt, thereby

you may be liable for negligence.

slide7

Negligence

DUTY

?

Your supervisor may also owe a

duty to provide safe facilities.

So if you teach in dangerous facilities

and someone is hurt thereby,

you may be liable for negligence but

your supervisor may also be liable.

You may BOTH be liable.

slide8

Negligence

BREACH

Breach =

Failure to meet the

standard of Care

slide9

Negligence

BREACH

How is the standard of care

determined?

How good do I have to be?

slide10

Negligence

BREACH

The standard changes based

On things such as:

• Participant’s age, preparation

• Dangerousness of activity, etc.

How good do I have to be?

slide11

Negligence

BREACH

How is the standard determined?

•Expert testimony

•Professional standards

(AAHPERD, NATA, Red Cross, etc.)

•Reasonable, prudent,

up-to-date _________.

slide12

Negligence

BREACH

How is the standard determined?

What would the prudent, reasonable,

up-to-date teacher, coach, administrator, etc. have done?

slide13

Negligence

BREACH

Prudent, reasonable,

Up-to-date _ _ _ _ _

The standard is set by the role played, not whether volunteer or paid.

Teacher, coach, administrator

slide14

Negligence

BREACH

?

If I follow

professional

guidelines,

am I safe from

negligence claims?

slide15

Negligence

BREACH

?

Not necessarily.

I must still act as would a

reasonable, prudent,

up-to-date

_ _ _ _ _ _ _ would.

If the guidelines are bad,

following them may be bad.

Teacher, coach, adm.

slide16

Negligence Cause

The breach must be the cause of the harm.

Not all breaches cause harm.

slide17

NegligenceCause

?

I don’t have a lesson plan.

A student is hurt because

of dangerous equipment.

Am I negligent because of

the lack of a lesson plan?

slide18

NegligenceCause

?

No. The lack of the

lesson plan was NOT the CAUSE.

If I am negligent, the

cause would be the

unsafe equipment.

slide19

NegligenceHarm

In most jurisdictions, the harm must be physical.

Solely psychological or

emotional harm is generally not sufficient for a claim of negligence.

slide20

NegligenceHarm

?

I breached a duty but the student was only scared,

not injured.

Can I be found negligent because the student was scared?

slide21

NegligenceHarm

?

No.

Physical harm

must exist

In order to find

negligence.

No Harm, No Foul

slide22

Negligence

Liability for

negligence may exist

even if you are

not actively involved.

slide23

Negligence

• Agent/principal

• Respondent Superior

slide24

Negligence

• Agent/principal

Examples:

Coach - athlete

teacher - student teacher

slide25

Negligence

• Respondent Superior

Example:

Boss - Employee

slide26

Negligence

• Respondent Superior

Risk management techniques:

•Pre employment screening

•Pre service training

•Supervision

•Good curriculum

•In-service training

•Workshops, conventions

•Open minded evaluations of

adverse incidents

slide27

Negligence

• Liability from

3rd party violence.

Example:

Your athlete has history of

violence or uncontrolled anger.

The game is intense and the player

is getting angry.

Should you take the player

out of the game?

slide28

Negligence

Liability from

3rd party violence.

If you leave the player in the game

and the player’s anger causes

injury to someone else, you

could be liable.

You may have breached your duty to

protect from the foreseeable risk

of unreasonable harm.

negligence29
Negligence
  • Legal defenses against negligence:
    • Assumption of risk: Knowing, understanding, and appreciating the risk associated with a chosen activity.
    • Contributory negligence: Behavior by the plaintiff that contributed to the injury.
    • Comparative negligence: Apportions (divides) damages between a negligent plaintiff and a negligent defendant who each played a part in the injury.
negligence30
Negligence
  • Avoiding negligence:
    • General supervision: action required whenever activity is occurring by those for whom the person is responsible.
    • Specific supervision: mandated action required whenever a higher level of risk is associated with the activity of the persons for whom the adult is responsible.
    • Actual notice: refers to the removal of known hazards by a responsible person
    • Constructive notice: Refers to hazards that a responsible person should have noticed and eliminated.
negligence31
Negligence
  • Several other steps to avoiding negligence:
    • Provide proper and clear instructions.
    • Ensure each participant’s fitness, conditioning, and ability levels are appropriate to the expectations.
    • Enforce safety rules and regulations.
    • When injuries occur, the supervisor must respond appropriately.
    • Do not use inadequate, ill-fitting, or defective equipment.
    • Only qualified individuals should supervise physical activity.
negligence32
Negligence
  • To understand the extent of your obligations to clients served, consider these example questions:
    • What are your obligations to a person who will be participating in a cardiovascular fitness test that involves a submaximal treadmill run?
    • As a personal trainer, what are your legal responsibilities for the welfare of your client who is participating in a strength training program?
agreement to participate
Agreement to Participate
  • A signed acknowledgement of a participant’s knowing, understanding, and appreciating the risks associated with an activity.

Note: This is not a waiver form.

tort law
Tort Law
  • Tort: a French word for wrong; a private or civil wrong or injury, other than breach of contract, suffered due to another person's conduct.
  • Tort law: a part of the civil law that provides remedies for acts that cause harm; therefore, injured parties may file civil lawsuits in an attempt to seek compensation for their injuries.
tort law35
Tort Law
  • Tort damages are monetary damages that are sought from the offending party.
  • They are intended to compensate the injured party for the injury suffered.
slide36

Tort law imposes a duty on persons and business agents not to intentionally or negligently injure others in society.

ns and business agents not to intentionally or negligently injure others in society.

categories of torts
Categories of Torts

Intentional Torts

Unintentional Torts (Negligence)

Strict Liability Torts

types of torts
Types of Torts
  • Intentional torts: injuries caused by intentional acts.
  • Negligence: harm caused by careless acts or failure to perform a legal duty.
  • Strict liability: requires the person causing the harm to compensate the injured party without regard to fault.
cole v south tweed heads rugby league football club ltd 2004 hca 29
Cole v South Tweed Heads Rugby League Football Club Ltd [2004] HCA 29

Facts:

  • Ms. Cole attended a champagne breakfast at the South Tweed Heads Rugby League Football Club.
  • She spent the day drinking at the Club.
  • The Club stopped serving Ms Cole after 12:30 pm, but her friends provided her with drinks for the rest of the afternoon.
  • At 5:30 pm the Club’s manager asked Ms. Cole to leave the premises after she was seen behaving indecently with 2 men.
cole v south tweed heads rugby league football club ltd
Cole v South Tweed Heads Rugby League Football Club Ltd
  • The manager offered Ms. Cole a taxi home, but Ms. Cole rejected the offer in blunt and abusive terms.
  • She then left the Club with the 2 men, who assured the manager that they would take care of her.
  • At 6:20 pm Ms. Cole was struck by a car near the Club and was seriously injured.
  • She was found to have a blood alcohol concentration of 0.238%.

 Who was responsible for Ms. Cole’s injuries? Why?

who was responsible for ms cole s injuries
Who was responsible for Ms. Cole’s injuries?

Issues before the court:

  • Did the Club owe a duty to take reasonable care:
    • to monitor and moderate the amount of alcohol served to Ms. Cole?
    • that Ms. Cole travelled safely away from the Club’s premises?
  • Does a general duty of care exist to protect persons from harm caused by intoxication following a deliberate and voluntary decision on their part to drink to excess?
  • Did the car driver owe Ms. Cole a duty of care?
  • Did Ms. Cole in any way contribute to her own injuries?
additional source
Additional Source
  • http://www.authorstream.com/Presentation/smcdill-69298-Tort-Law-Define-Explain-Intentional-Negligent-Strict-Liability-Describe-Conditions-Education-ppt-powerpoint/