1. Legal Concerns Sports Medicine I

2. Legal Concerns Liability- the state of being legally responsible for the harm one causes another person. 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. 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. 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. 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.

3. Establishing Negligence To establish negligence, an individual making the complaint must establish three things: 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)

4. Torts Torts- are legal wrongs committed against the person or property of another. 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. 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 Every person is expected to conduct themselves without injuring others

5. Torts Nonfeasance: (an act of omission) when an individual fails to perform a legal duty 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 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 Misfeasance: when an individual improperly does something they have the legal right to do

6. Negligence Sovereign Immunity: states that neither the government nor any individual who is employed by the government can be held liable for 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 Good Samaritan Law: provides limited protection against legal liability to any person who voluntarily chooses to provide first aid

7. Negligence Statue of Limitations: sets a specific length of time that individuals may sue for damages from 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. 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.

8. Reducing Litigation Warn athletes of potential dangers Warn athletes of potential dangers Supervise regularly and attentively Supervise regularly and attentively Properly prepare and condition athletes Properly prepare and condition athletes Properly instruct athletes in the skills of their sports Properly instruct athletes in the skills of their sports Ensure that proper and safe equipment and facilities are used by athletes at all times Ensure that proper and safe equipment and facilities are used by athletes at all times

9. Product Liability Refers to any or all parties along the chain of manufacture of any product for damage caused by that product Refers to any or all parties along the chain of manufacture of any product for damage caused by that product

10. Product Liability Equipment can not be altered Equipment can not be altered Manufactures are held liable for defects Manufactures are held liable for defects Warning labels Warning labels National Operating Committee on Standards for Athletic Equipment (NOCSAE) National Operating Committee on Standards for Athletic Equipment (NOCSAE) *Will learn more with discussion of protective sports equipment*