Transcript Legal Concerns

Legal Concerns
Sports Medicine I
Legal Concerns
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
Liability- the state of
being legally responsible
for the harm one causes
another person.
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.
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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
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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
Torts- are legal wrongs committed
against the person or property of another.
 A tort also serves as a deterrent by
sending a message to the community as
to what is unacceptable conduct.
 Every person is expected to conduct
themselves without injuring others
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Torts
Nonfeasance: (an act of omission) when
an individual fails to perform a legal duty
 Malfeasance: (an act of commission)
when an individual commits an act that is
not legally his to perform
 Misfeasance: when an individual
improperly does something they have the
legal right to do
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Negligence
Sovereign Immunity: states that
neither the government nor any individual
who is employed by the government can
be held liable for negligence
 Good Samaritan Law: provides limited
protection against legal liability to any
person who voluntarily chooses to provide
first aid
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Negligence
Statue of Limitations: sets a specific
length of time that individuals may sue for
damages from negligence
 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.
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Reducing Litigation
Warn athletes of
potential dangers
 Supervise regularly
and attentively
 Properly prepare and
condition athletes

Properly instruct
athletes in the skills
of their sports
 Ensure that proper
and safe equipment
and facilities are used
by athletes at all
times
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Product Liability
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Refers to any or all
parties along the
chain of manufacture
of any product for
damage caused by
that product
Product Liability
Equipment can not be
altered
 Manufactures are held
liable for defects
 Warning labels
 National Operating
Committee on
Standards for Athletic
Equipment (NOCSAE)
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*Will learn more with discussion of protective sports equipment*