1. Chapter 13 LEGAL LIABILITY, RISK, AND INSURANCE MANAGEMENT

2. LIABILITY DEFINED ONE’S LEGAL RESPONSIBILITY STATE OF ONE WHO IS BOUND IN LAW AND JUSTICE TO DO SOMETHING WHICH MAY BE ENFORCED BY COURT ACTION - BLACK’S LAW DICTIONARY (1990)

3. LEGAL LIABILITY IN PHYSICAL EDUCATION AND SPORT THE CHANGING IMMUNITY DOCTRINE THE KING CAN DO NO WRONG GOVERNMENTAL IMMUNITY SAVE HARMLESS LAWS THE DOCTRINE OF RESPONDEAT SUPERIOR

4. GOVERNMENT EMPLOYEES ARE IMMUNE ONLY WHEN: 1.ACTING IN COURSE OF EMPLOYMENT & WITHIN SCOPE OF THEIR AUTHORITY 2.ACTING IN GOOD FAITH 3. PERFORMING ACTS THAT ARE: DISCRETIONARY-DECISIONAL RATHER THAN MINISTERIAL-OPERATIONAL

5. LEGAL CONCEPTS TORT –INTENTIONAL –UNINTENTIONAL NEGLIGENCE –COMMON NEGLIGENCE –GROSS NEGLIGENCE

6. TORTS INTENTIONAL –ASSAULT –BATTERY –OFFENSIVE TOUCHING UNINTENTIONAL –HORSEPLAY

7. TO BE FOUND NEGLIGENT THE PLANTIFF MUST SHOW: 1.THERE WAS A DUTY 2. THERE WAS A BREACH OF DUTY 3.INJURY ACTUALLY DID OCCUR 4. THE BREACH OF DUTY WAS THE PROXIMATE CAUSE OF INJURY

8. DEFENSES TO NEGLIGENCE CONTRIBUTORY NEGLIGENCE COMPARATIVE NEGLIGENCE ASSUMPTION OF RISK ACT OF GOD SUDDEN EMERGENCY

9. NEGLIGENCE COMPLAINTS IMPROPER SUPERVISION FAULTY INSTRUCTION FAULTY FACILITIES DAMAGED OR INAPPROPRIATE EQUIPMENT FAILURE TO WARN

10. CARDINAL PRINCIPLES OF SUPERVISION ALWAYS BE THERE! BE ACTIVE AND HANDS-ON BE QUALIFIED AND CERTIFIED KNOW PARTICIPANTS’ HEALTH ENFORCE RULES AND REGULATIONS INFORM STUDENTS ABOUT SAFETY BE VIGILANT BE PRUDENT, CAREFUL, & PREPARED

11. SPORT PRODUCT LIABILITY LITIGATION MAY INCLUDE : DEFECTIVE DESIGN MANUFACTURING DESIGN FAILURE TO PROVIDE WARNINGS OR INSTRUCTION FOR PROPER USE

12. CIVIL RIGHTS AND THE COURTS FIRST AMENDMENT FOURTH AMENDMENT FOURTEENTH AMENDMENT –EQUAL PROTECTION CLAUSE GENDER EQUITY AMERICANS WITH DISABILITIES ACT –DUE PROCESS

13. LAWSUIT AVOIDANCE PREPARTICIPATION MEDICAL EXAM HEALTH AND LIABILITY INSURANCE PRESEASON PREPARATION ACCEPTANCE OF RISK PLANNING AND SUPERVISION EQUIPMENT AND FACILITIES EMERGENCY CARE RECORD KEEPING

14. ACCEPTANCE OF RISK CONSENT FORMS AND PERMISSION SLIPS INFORM PARENTS AND REQUEST PERMISSION WAIVERS GIVE UP THE RIGHT TO SUE (PROBLEMS WITH WAIVERS) –A PARENT CANNOT WAIVE THE RIGHTS OF A MINOR CHILD –A MINOR CHILD CANNOT ENTER INTO LEGAL AGREEMENTS AND SO CAN’T SIGN AWAY HIS/HER OWN RIGHTS

15. GOVERNMENTAL VERSUS PROPRIETARY FUNCTIONS GOVERNMENTAL –EDUCATION –POLICE –PARK AND RECREATION DEPARTMENTS PROPRIETARY –CHARGING FEES FOR PRIVATE EVENT –RENTING FACILITIES/EQUIPMENT FOR PRIVATE ACTIVITY FEES AND FUNCTION

16. LIABILITIES MUNICIPALITY SCHOOL DISTRICT SCHOOL BOARD MEMBERS ADMINISTRATOR/SUPERVISOR TEACHERS, COACHES, AND LEADERS

17. RISK MANAGEMENT IDENTIFY ALL POTENTIAL RISKS ANALYZE AND EVALUATE THE LEVEL OF EACH RISK –AUDIT THE RISKS –DEVELOP POLICIES AND PROCEDURES USE A TEAM EFFORT TAKE ALL POSSIBLE PRECAUTIONS

18. RISK OPTIONS ACCEPT THE RISK AND ASSUME RESPONSIBILITY TRANSFER THE RISK THROUGH CONTRACT OF INSURANCE CHANGE THE ACTIVITY/EVENT TO REDUCE THE LEVEL OF RISK ELIMINATE THE ACTIVITY/EVENT

19. INSURANCE MANAGEMENT SHIFTS THE RISK TO ANOTHER - PROPERTY INSURANCE LIABILITY PROTECTION CRIME PROTECTION

20. TYPES OF SCHOOL ACCIDENT INSURANCE PLANS INDIVIDUAL POLICIES GROUP MEDICAL PLANS STATE HIGH SCHOOL ATHLETIC ASSOCIATION PLANS CITY/SCHOOL DISTRICT PLANS SELF-INSURANCE

21. SPORT AND INSURANCE FAMILY POLICY COVERAGE SCHOOL RECOMMENDED GROUP INSURANCE (PAID BY PARENTS) SCHOOL PURCHASED INSURANCE CATASTROPHIC INSURANCE PLAN