1. Chapter 3: Sports Torts

2. Tort Law Generally Tort = Personal Injury law Tort = Personal Injury law Latin: to “twist” or “twisted” Latin: to “twist” or “twisted” Tort lawyers are often referred to as plaintiff- lawyers Tort lawyers are often referred to as plaintiff- lawyers Civil law as opposed to criminal law (though closely related). Civil law as opposed to criminal law (though closely related). Goal of Tort law is to compensate for injuries Goal of Tort law is to compensate for injuries

3. Tort Law Basics Plaintiff must prove case by a “preponderance of the evidence.” Plaintiff must prove case by a “preponderance of the evidence.” 4 Major Tort Theories (not mutually exclusive): 4 Major Tort Theories (not mutually exclusive): Negligence Negligence Intentional Torts Intentional Torts Products Liability Products Liability Strict (Absolute) Liability Strict (Absolute) Liability

4. Negligence Failure to act as the reasonable person Failure to act as the reasonable person Who decides what was reasonable: a judge or jury. Who decides what was reasonable: a judge or jury. Most states use comparative negligence today. Most states use comparative negligence today. Outdated discussion of negligence involved phrases such as contributory negligence and assumption of the risk. Some states, very few, still use contributory (contrib.). Outdated discussion of negligence involved phrases such as contributory negligence and assumption of the risk. Some states, very few, still use contributory (contrib.).

5. Elements of Negligence Duty of care Duty of care Breach of duty Breach of duty Causation (proximate cause) Causation (proximate cause) Damages Damages If any of the above are missing, a negligence claim should fail. If any of the above are missing, a negligence claim should fail.

6. Levels of Negligence Negligence: Failure to act as the reasonable person. Negligence: Failure to act as the reasonable person. Gross Negligence: Failure to use even a small amount of care. Gross Negligence: Failure to use even a small amount of care. Recklessness: So lacking in care that one can construe the conduct as being intentional. Recklessness: So lacking in care that one can construe the conduct as being intentional. Punitive (exemplary) damages: most likely in recklessness cases. Punitive (exemplary) damages: most likely in recklessness cases.

7. Negligence and Sports Spectator/fan injuries? Spectator/fan injuries? Participant (athlete) injuries? Participant (athlete) injuries? Referee injuries? Referee injuries? Coaching injuries? Coaching injuries? Death by spectators or participants (called wrongful death). Death by spectators or participants (called wrongful death). Malpractice in sports? Malpractice in sports?

8. Additional Negligence Considerations What role does insurance play in the analysis, if at all? What role does insurance play in the analysis, if at all? What about waivers (disclaimers, releases, exculpatory clauses)? What about waivers (disclaimers, releases, exculpatory clauses)? Waivers on ticket stubs? Waivers on ticket stubs? Minors and waivers? Minors and waivers? Statutes of limitation for personal injury in sports? Statutes of limitation for personal injury in sports? Injury “arising out of” the course of employment: workers compensation issues. Injury “arising out of” the course of employment: workers compensation issues.

9. Intentional Torts Most closely associated with the criminal law. Most closely associated with the criminal law. Some are crimes and torts as well Some are crimes and torts as well Assault, Battery, Defamation (Libel, Slander), Intentional interference with contractual relations, False Imprisonment, Fraud, Invasion of Privacy, Right of publicity (commercial misappropriation), and so on. Assault, Battery, Defamation (Libel, Slander), Intentional interference with contractual relations, False Imprisonment, Fraud, Invasion of Privacy, Right of publicity (commercial misappropriation), and so on. How do they relate to sports? How do they relate to sports? Contact v. non-contact sports? Contact v. non-contact sports?

10. Products Liability Focus on “defect” Focus on “defect” Defect in design Defect in design Defect in manufacturing Defect in manufacturing Defect in warning Defect in warning How and when might this relate to sports? How and when might this relate to sports?

11. Strict (Absolute) Liability Very rare in sports Very rare in sports Hold defendant responsible no matter what degree of care they used. Hold defendant responsible no matter what degree of care they used. Usually considered for demolishing projects, housing wild animals, storing and transporting dangers chemicals Usually considered for demolishing projects, housing wild animals, storing and transporting dangers chemicals Can you think of any in sports? Can you think of any in sports?

12. Damages General General Special Special Compensatory Compensatory Punitive (not for breach of contract) Punitive (not for breach of contract) Liquidated? Liquidated?