Civil Redress for violence o the playing field

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Presentation transcript:

Civil Redress for violence o the playing field Chapter 16 Civil Redress for violence o the playing field

Ordinary Negligence Standard Under ordinary Negligence Standard atyhletes would potentially be liable for unsafe conduct that is prohibited by playing rules This would include rules like clipping, high sticking, and unnecessary roughness It would be impossible to play if players were held liable for these instances Players would spend more time in court than on the field

Willful Or Wanton Standard Willful and Wanton acts are more serious than simple negligent errors of omission or commission. Wanton acts are those where the individuals know that their action or failures to act may very well result in injuries to others, but they do it anyway Willful acts entail more of an intention It is difficult to prove willful or wonton acts because it is hard to assess the defendants state of min at the time http://www.youtube.com/watch?v=YbTPFo6znZo http://www.nytimes.com/2000/10/07/sports/hockey- mcsorley-found-guilty-no-jail- time.html?ref=martymcsorley http://www.usatoday.com/sports/hockey/nhl/story/201 1-11-17/no-charge-for-chara/51270586/1

Reckless Disregard Standard This is when an athlete would normally refrain from a behavior that would be dangerous This would constitute a reckless disregard for the safety of other players as prescribed by the rules of the game This standard is often compared to a reasonable individual of similar skill and knowledge rather than level of a trained athlete http://www.youtube.com/watch?v=iwB21wtLN84&f eature=related

The Presence Of Officials If there are no officials present case law indicates that individuals who participate in unstructured games and contests should be expected to show the same level of care and concern for the safety and welfare of their opponents as formerly trained athletes would The behavior will be held to social norms and the rules of the games and trailed on a case by case basis http://www.youtube.com/watch?v=PH_2itdz-1E http://www.youtube.com/watch?v=S2SVsqASedc&f eature=related

Liability of coaches and instructors Coaches no matter how prepared will have athletes that step over the line and go beyond reasonable aggressiveness and cause an injury to someone. This athlete has the chance to negligent If the coach however encouraged the athletes to go beyond the bounds of reasonable aggression or use illegal tactics then the coach may be liable for any injury http://www.yardbarker.com/nhl/articles/Goalie_f ight_Patrick_Roys_son/216329 http://www.youtube.com/watch?v=owpYYNjWnr o http://www.youtube.com/watch?v=o3Kbc- LSGvI&feature=related http://www.youtube.com/watch?v=E8N-UThBYto

Hazing Most states have specific laws that prohibit any form of hazing These laws go beyond hat the NCAA does and can be in the form of criminal penalties for anyone who knowingly organizes, promotes, or facilitates any form of hazing