Sport Law: Understanding Tort Liability, Negligence, and Damages in Sports, Slides of Law

Download Sport Law: Understanding Tort Liability, Negligence, and Damages in Sports and more Slides Law in PDF only on Docsity! Sport Law Docsity.com Tort Liability • Tort — a private or civil wrong or injury, other than breach of contract, suffered due to another person's conduct • Civil cases — duties owed to other members of society. In civil cases, the jury uses a "preponderance of the evidence” standard in making its judgment of guilty; usually involves monetary penalties; actions are not crimes. Docsity.com Types of Damages • Compensatory damages — recompenses for medical bills, lost wages, or other actual expenses due to the defendant's wrongdoing and associated with the injury • Punitive damages — financial awards made by the court as a deterrent to future misdeeds intolerable to society Docsity.com Intentional Torts — voluntary acts with a realization of the consequences and an understanding of the results of the acts • Invasion of privacy — unwarranted intrusions into private areas or disclosure of private facts • Assault — intentional creation of the reasonable apprehension of imminent, un-permitted, and offensive contact • Battery — intentional contact that is harmful or offensive and not permitted • Reckless misconduct — unreasonable risk of physical harm due to intentional action not meant to do harm Docsity.com Defamation — an Intentional Tort • A false statement published to a third party that holds the subject up to public ridicule and results in financial loss – Libel — written publication of defamatory matter – Slander — spoken publication of defamatory matter – Malice or reckless disregard for the truth is required for defamation of a public figure • Protection against claims of defamation – No reason to believe the statement was false – Person had a reason to make the statement to a person with a justifiable interest in knowing Docsity.com Constitutional Law • Freedom of expression in religion, speech, the press, and invasion of privacy (1st Amendment) • Unreasonable search and seizure (4th Amendment) — drug testing is a search • Procedural due process — protect individual rights through the 5th and 14th Amendments to ensure that no person shall be deprived of life, liberty, or property without due process • Equal protection (14th Amendment) for all races, ages, and genders • State actor — is required to follow constitutional law, such as due process Docsity.com Federal Laws Prohibiting Job Discrimination • Title VII of the Civil Rights Act of 1964 protects students and employees from discrimination in hiring, compensation, and conditions and privileges of employment based on race, color, religion, national origin, or sex. • Equal Pay Act of 1963 protects males and females who perform substantially the same work in the same organization from sex-based wage discrimination. • Age Discrimination in Employment Act of 1967 protects the employment rights of individuals who are 40 years or older. Docsity.com Federal Laws Prohibiting Job Discrimination • Title I and Title V of the Americans with Disabilities Act of 1990 prohibits discrimination in employment for qualified individuals with special needs. • Civil Rights Act of 1991 allows monetary damages for victims of intentional employment discrimination. • Equal Employment Opportunity Act (1972) created the Equal Employment Opportunity Commission, which enforces these laws. Docsity.com Three-Prong Test • Participation opportunities are substantially proportionate to the undergraduate enrollment. • There must have been a continuing practice of program expansion in response to developing interests and abilities of the under-represented sex. • An institution must show that the interests and abilities of the members of the under- represented sex have been fully and effectively accommodated. Docsity.com Criminal Laws • In criminal cases, the jury uses "beyond a reasonable doubt" standard in making its judgment of guilty; may involve a jail sentence because these actions are crimes against legal statutes. • Battery — unlawful application of force to a person resulting in bodily injury • Sports bribery (fixes) — anti-racketeering Docsity.com Antitrust Laws • These laws promote competition through regulation controlling the exercise of private economic power – Sherman Antitrust Act of 1890 – Clayton Act of 1914 – 1922 — exemption of Major League Baseball – NCAA v. Board of Regents of University of Oklahoma and University of Georgia Athletic Association — NCAA ruled a monopoly; NCAA could no longer control the televising of football Docsity.com Sport Law Assignment In numerous meetings with the former athletic director, female athletes claimed that athletic scholarships have not been provided to females on a substantially proportional basis, female athletes did not receive equivalent treatment, benefits, and opportunities, and the interests and abilities of females have not been fully and effectively accommodated as required by Title IX of the Education Amendments of 1972. As a result, a lawsuit was filed, and the institution was cited by the Office of Civil Rights for non-compliance with federal law. You have been hired to replace the fired athletic director. Describe the immediate, short-term, and long-term actions or changes that you will implement to ensure that your institution will begin to treat female athletes equitably. Docsity.com Risk Management Prevention and protection • Identify potential hazards or risks associated with facilities, equipment, staffing, participants, policies and procedures, and programs • Develop and implement risk management strategies to remove, reduce, or transfer risk Docsity.com Risk Management Prevention and Protection • Actual notice — eliminate hazards whenever possible to prevent use of unsafe area or inform supervisor of the necessity of having hazard repaired or removed • Constructive notice — hazards or potentially dangerous situations that a reasonable and prudent person should have noticed, but failed to notice Docsity.com University Liability for Field Rushing-Injuries • Take reasonable precautions to prevent foreseeable criminal actions (such as trespassing) • Posting of “no trespassing” signs around the field • Posted warnings about the risks associated with rushing the field • Public address announcements about not rushing the field • Adequate on-field security • Video taping and taking photos of fans in the bleachers who are rushing the field • Visual evidence of crowd (riot) control procedures • Removing/lowering of the goalposts to eliminate the attraction of these • Posted sanctions for rushing the field • Disciplinary and judiciary proceeding for violations • Written notices on tickets that on-field celebrations are strictly prohibited and that anyone violating this policy will be prosecuted Docsity.com Liability Insurance • Maintain professional liability insurance coverage of at least $1,000,000 – Protects against claims of negligence, but not against intentional torts or carelessness that causes an injury – Protects against claims of negligence occurring in the furtherance of professional duties, but not for activities outside of job duties • Some states have hold harmless laws that protect state employees against claims of negligence • Use only a licensed carrier or insured vehicle when transporting athletes Docsity.com Waiver • Exculpatory contract through which a participant agrees not to sue if injured • Athletes and all participates must know, understand, and appreciate the risks and potential for injuries in their sport (assumption of risk) • Must be clearly written • Adults waive the right to sue for negligence (but not for intentional torts or gross negligence, i.e., carelessness) • Are executed by individuals with equitable rights • Minors cannot (nor can their parents) sign away their rights; minors retain the right to sue at least one year after reaching the age of majority (18 years) Docsity.com