2011 Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D. I promise to do my duty... but, what’s my duty?

Sources of Duty: Contracts Relationships Statutory

Sources of Duty: Contracts Relationships Statutory

Battle of the ‘Shoulds’ Rules Policies Standards Legal Duties

Negligence Elements: Duty Breach Cause Harm

Duties Supervise Warn Teach proper technique Safe facilities, equipment Provide access to medical help Appropriate progressions Etc., Etc., Etc.

Negligence Elements: Duty “Protect from the foreseeable risk of unreasonable harm.”

Captain’s Practices Intersection of duty and rules

How is a DUTY like SPAM? ? ?

DUTY can be shared but NOT shrugged.

Liability for a breach of duty (that causes harm)

USC Strength Coach Sued for Negligence in Athlete's Injury Published Jan 25, 2011 Ensuring Safety in the Weight Room Stafon Johnson filed a personal injury lawsuit against strength coach Jamie Yanchar and USC because of a neck injury Johnson sustained. The NSCA is recognized in the sports medicine and fitness industries as the gold standard for strength and conditioning certification. According to this book, the spotter’s primary role is “to protect the lifter from injury”

Does a duty exist? Why? What is the duty? Who defines the duty? What is the significance of standards, rules, policies?

Know it and do it. I promise to do my duty... but, what’s my duty?