Understanding Legal Liability in Recreation Site Management: Torts, Negligence & Criminal , Study notes of Humanities

Download Understanding Legal Liability in Recreation Site Management: Torts, Negligence & Criminal and more Study notes Humanities in PDF only on Docsity! 1 Legal Liability in Recreation Site Management CSS 385 Professor Ed Krumpe 2 Legal Climate Sovereign immunity is basically dead. Lawsuits are part of normal operations & we cannot prevent them. Injuries cannot be eliminated from recreation and people will sue for the slightest injury. Public assumes gov’t. has “deep pockets” & everyone gets sued. Professionals must learn to manage legal liability & risk. 3 Classification of Legal Liability PROPERTY Larceny, Arson Burglary, Trespass PERSONS Assault, Battery Rape, Murder CRIMINAL TORTS Intentional, Nuisance Negligence, Strict, Federal CONTRACTS CIVIL Legal Liability 4 Criminal vs Civil Liability Criminal Liability--A crime is an act committed or omitted in violation of a public law. Government seeks redress for the crime through criminal proceedings. These are not concerned with compensating the victim but rather with protecting the public interest by punishing the offender. 5 Criminal vs Civil Liability Tort Liability--A tort is a civil wrong. Civil liability is based on a breach of a legal duty or a breach of contract. The field of torts focuses upon the compensation of individuals for losses which they have suffered in respect to their legally recognized interests. 6 3 Key Elements of Torts Tort law involves wrongs & compensation. Three elements must be shown to determine whether an act constitutes a tort: 2 7 3 Key Elements of Torts 1 Breach of a legal duty. 2 A causal connection between the breach of duty & the injury. 3 An actual injury or damage to the person or property. 8 Negligence Is an unintentional breach of a legal duty causing damage reasonably foreseeable without which breach the damage would not have occurred. (The failure to act as a reasonably prudent person which results in an injury.) 9 Negligence requires 4 Elements 1 A Duty A duty or obligation recognized by the law requiring a person to conform to a certain standard of conduct for the protection of others against unreasonable risks. 10 Negligence requires 4 Elements 1 A Duty 2 The Act A failure on the part of such person to conform to the standard required. 11 Negligence requires 4 Elements 1 A Duty 2 The Act 3 Proximate Cause A reasonably close causal connection between the conduct (failure to conform to appropriate standard) and the resulting injury. 12 Negligence requires 4 Elements 1 A Duty 2 The Act 3 Proximate Cause 4 Damages Actual loss or damage to the interests of another. 5 25 Risk Management--Supervision 1. Inspecting the facility. 2. Proper planning for an activity. 3. Providing adequate & proper equipment. 4. Evaluating participants’ abilities & skill. 5. Warning of inherent dangers in the activity. 6. Instructing in the proper techniques. 7. Closely controlling the conduct of the activity. 8. Providing first aid & access to medical treatment. 26 4 Negligence Defenses Contributory negligence Comparative negligence Assumption of risk Waiver or release 27 Negligence Defenses Contributory negligence Conduct by the injured contributing as a legal cause of the harm he has suffered, which falls below the standard to which he is required to conform for his own protection. (It’s their own fault they got injured!) Comparative negligence Assumption of risk Waiver or release 28 Negligence Defenses Contributory negligence Comparative negligence Assigning the proportion of fault among the plaintiff & defendant. (e.g.. the injured person’s actions caused 60% of the fault for the injury & the ranger’s actions caused 40%.) Assumption of risk Waiver or release 29 Negligence Defenses Contributory negligence Comparative negligence Assumption of risk If a person is cognizant of a risk or hazard & voluntarily continues with an activity & is thereby injured it is presumed that he assumed the risk of harm. Danger must be known & obvious & the person must voluntarily agree to the risk. Waiver or release 30 Negligence Defenses Contributory negligence Comparative negligence Assumption of risk Waiver or release Requiring participants to agree in writing to assume all risks & release the agency from liability & to indemnify and save harmless from same (to forego a claim or an action for damage). 6 31 Waiver or Release Release forms used by public agencies are invalid when: Contrary to public policy, Ambiguities in the agreement make it difficult to determine extent of rights being waived, and Minors or their parents sign the release. Participant must be informed, risk must be understood, & signing must be voluntary. 32 Risk Treatment Methods Risk Avoidance Risk Reduction Risk Retention self-insurance assumes some risk & some losses Liability Insurance Insurance only protects the agency from financial loss arising from a claim. 33 IOGA Guide to Risk Management & Loss Prevention Think Plan Put it in Writing! Follow the plan. Document your actions. BE S AFE !