CHAPTER 10 DISCUSSION QUESTIONS1) Define "premises liability."2) What general body of law does negligence fall under?3) Wh...
1) PREMISES LIABILITY“THE LEGAL RESPONSIBILITY A FACILITY OR EVENT MANAGER OWES TO THE INDIVIDUALS UTILIZING THE          ...
3) WHAT DOES NEGLIGENCE DEAL WITH?-DEALS WITH AVOIDABLE ACCIDENTS THAT SHOULDHAVE BEEN ANTICIPATED & PREVENTED BY TAKINGRE...
2) WHAT GENRAL BODY OF LAW DOES NEGLIGENCE FALL                    UNDER?                           TORTS                 ...
TORT-A WRONGFUL ACT THAT RESULTS IN INJURY TOANOTHER’S PERSON, PROPERTY, OR REPUTATION & FORWHICH THE INJURED PARTY IS ENT...
4) WHAT ARE THE 4 ELEMENTS OF NEGLIGENCE?*ALL MUST OCCUR OR BE PROVEN FOR A PERSON TO BE  HELD LIABLE FOR THE INJURY.4) DU...
1) DUTY-THE PROVIDER HAS AN OBLIGATION TO PROTECT THE  INDIVIDUAL FROM UNREASONABLE RISK OF HARM.
-A SPECIAL RELATIONSHIP EXISTS BETWEEN THEPROGRAM OR SERVICE PROVIDER & THE PARTICIPANT.-DUTY IS SOCIETAL BASED.-COURTS DE...
5) WHAT 3 CRITERIA MUST BE ESTABLISHED FOR DUTY?3) THERE MUT BE A RELATIONSHIP BETWEEN THE SERVICE   PROVIDER & THE INJURE...
6) WHAT ARE THE 4 GENERAL TYPES OF PATRONS?1) INVITEE-SOMEONE WHO HAS PAID A FEE FOR THE USE OF THE FACILITY.        -GAME...
FORSEEABILITY-THERE IS A DUTY TO BE PROACTIVE IN PROTECTINGONLY WHEN THE RISK IS FORSEEABLE BY A PRUDENTPROFESSIONAL.-THE ...
2) BREACH OF DUTY-WHAT THE PROVIDER DID OR DID NOT DO TO PROTECTTHE INDIVIDUAL WAS NOT IN ACCORD WITH THESTANDARD OF CARE ...
3) PROXIMATE CAUSE-THE BREACH OF THE STANDARD OF CARE WAS THEREASON THE INJURY OCCURRED.-AN ACT FROM WHICH AN INJURY RESUL...
4) DAMAGE-THE INDIVIDUAL MUST RECEIVE PHYSICAL OR   EMOTIONAL INJURY-NO DAMAGE = NO LIABILITY  7) WHAT ARE THE 4 BASIC CAT...
DEFENSES AGAINST LIABILITY
PRIMARY ASSUMPTION OF RISK-AN INDIVIDUAL HAS VOLUNTARILY PARTICIPATED IN ANACTIVITY THAT INVOLVES INHERENT OR WELL-KNOWNRI...
IMPLIED PRIMARY ASSUMPTION OF RISK-IT IS EVIDENT BY THE CONDUCT OF ACTIONS(PARTICIPATION NOT SIGNING DOCUMENTS) OF THEINDI...
EXPRESS ASSUMPTION OF RISK-THE PARTICIPANT SETS FORTH IN WORDS (VERBALLY ORWRITING) THAT HE/SHE ASSUMES THE INHERENT RISK ...
8) WHAT IS A WAIVER?-A CONTRACT IN WHICH THE PARTICIPANT/USER OF ASERVICE AGREES TO RELINQUISH THE RIGHT TO PURSUELEGAL AC...
10) FOR A FACILITY OR EVENT, WHAT ENTITIES ARE    GENERALLY RESPONSIBLE IN A NEGLIGENCE SUIT?4) EMPLOYEES5) ADMINISTRATIVE...
11) WHAT IS AN INDEMNIFICATION CLAUSE?-AN AGREEMENT BY WHICH ONE PARTY AGREES TOINDEMNIFY OR REIMBURSE ANOTHER ON THEOCCUR...
13) WHAT ARE INHERENT RISKS?-RISKS INTEGRAL TO THE ACTIVITY.-IF REMOVED FROM THE GAME, WOULD ESSENTIALLYALTER THE SPORT.-T...
DISCUSSION:-A MAN IS TRAPPED INSIDE A BOX THAT HAS 100 LOCKS ON IT.HE GETS OUT WITH NO STRUGGLE. HOW?-MATT, PAT SUMMITT, P...
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Chapter 10

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Transcript of "Chapter 10"

  1. 1. CHAPTER 10 DISCUSSION QUESTIONS1) Define "premises liability."2) What general body of law does negligence fall under?3) What does negligence deal with?4) What are the 4 elements of negligence?5) What 3 criteria must be established for duty?6) Define each of the 4 general types of patrons.7) What are the 4 basic categories of damage?8) How does Cotten define a waiver?9) What are some limitations of waivers?10) For a facility or event, what entities are generally responsible ina negligence suit?11) What is an indemnification clause?12) According to the NFSI, more than how much $ in insuranceclaims each year are the result of slip-and-fall accidents?13) Define "inherent risks."14) What are the 3 categories of supervision?
  2. 2. 1) PREMISES LIABILITY“THE LEGAL RESPONSIBILITY A FACILITY OR EVENT MANAGER OWES TO THE INDIVIDUALS UTILIZING THE VENUE.” QuickTimeª and a decompressor are needed to see this picture.
  3. 3. 3) WHAT DOES NEGLIGENCE DEAL WITH?-DEALS WITH AVOIDABLE ACCIDENTS THAT SHOULDHAVE BEEN ANTICIPATED & PREVENTED BY TAKINGREASONABLE PRECAUTIONS. QuickTimeª and a decompressor are needed to see this picture.
  4. 4. 2) WHAT GENRAL BODY OF LAW DOES NEGLIGENCE FALL UNDER? TORTS QuickTimeª and a decompressor are needed to see this picture.
  5. 5. TORT-A WRONGFUL ACT THAT RESULTS IN INJURY TOANOTHER’S PERSON, PROPERTY, OR REPUTATION & FORWHICH THE INJURED PARTY IS ENTITLED TOCOMPENSATION. UNINTENTIONAL TORT-ONE DID NOT INTEND TO INJURE AN INDIVIDUAL, BUT ANINJURY DID OCCUR. INTENTIONAL TORT-ONE INTENDS TO INJURE AN INDIVIDUAL.
  6. 6. 4) WHAT ARE THE 4 ELEMENTS OF NEGLIGENCE?*ALL MUST OCCUR OR BE PROVEN FOR A PERSON TO BE HELD LIABLE FOR THE INJURY.4) DUTY5) BREACH OF DUTY (THE ACT)6) PROXIMATE CAUSE (CAUSATION)7) DAMAGE (HARM) QuickTimeª and a decompressor are needed to see this picture.
  7. 7. 1) DUTY-THE PROVIDER HAS AN OBLIGATION TO PROTECT THE INDIVIDUAL FROM UNREASONABLE RISK OF HARM.
  8. 8. -A SPECIAL RELATIONSHIP EXISTS BETWEEN THEPROGRAM OR SERVICE PROVIDER & THE PARTICIPANT.-DUTY IS SOCIETAL BASED.-COURTS DECIDE WHICH MEMBERS OF SOCIETY OWE ADUTY TO ANOTHER.
  9. 9. 5) WHAT 3 CRITERIA MUST BE ESTABLISHED FOR DUTY?3) THERE MUT BE A RELATIONSHIP BETWEEN THE SERVICE PROVIDER & THE INJURED PARTY THAT REQUIRES THE SERVICE PROVIDER TO PROTECT THE PLAINTIFF FROM UNREASONABLE RISK OF HARM. -CLUB OWNER/MEMBER -COACH/PLAYER -EVENT COORDINATOR/CONCERT ATTENDEE7) THESE RELATIONSHIPS INVOLVE “TYPES OF SPECIFIC DUTIES.” -THESE DUTIES REQUIRE A PROFESSIONAL TO ABIDE BY SPECIFIC STANDARDS OF CARE ESTABLISHED OR ADOPTED AS THE STANDARDS OF PROFESSIONAL BEHAVIOR IN THE PARTICULAR INDUSTRY (INSPECTING THE FACILITY & PLAYING SURFACES, MAINTENANCE OF EQUIPMENT, ETC.).3) THE STATUS OF THE PLAINTIFF (PATRON).
  10. 10. 6) WHAT ARE THE 4 GENERAL TYPES OF PATRONS?1) INVITEE-SOMEONE WHO HAS PAID A FEE FOR THE USE OF THE FACILITY. -GAME TICKET, LIFT TICKET, ETC.2) LICENSEE-SOMEONE WHO HAS BEEN ALLOWED, WITHOUT EXPECTATION OF MONETARYEXCHANGE, TO USE THE PREMISES. -THE FACILITY MANAGER DOES NOT HAVE TO AFFORD A LICENSEE THE SAME DEGREE OF CARE AS AN INVITEE. -PUBLIC PARK.3) TRESPASSER-SOMEONE WHO ENTERS THE PREMISES WITHOUT PERMISSION. -OWED ONLY THE DUTY NOT TO INTENTIONALLY HARM. -SOMEONE WHO RUSHES THE FIELD.4) RECREATIONAL USER-AN INDIVIDUAL WHO USES ANOTHER PERSON’S PROPERTY WITH HIS/HER PERMISSION& DOES NOT PAY A FEE.-LANDOWNER DOES NOT OWE ANY TYPE OF DUTY TO KEEP THE PREMISES SAFE OR TOPOST WARNINGS ABOUT HAZARDOUS SITUATIONS.
  11. 11. FORSEEABILITY-THERE IS A DUTY TO BE PROACTIVE IN PROTECTINGONLY WHEN THE RISK IS FORSEEABLE BY A PRUDENTPROFESSIONAL.-THE TEST OF FORSEEABILITY IS FORESIGHT, NOTHINDSIGHT.
  12. 12. 2) BREACH OF DUTY-WHAT THE PROVIDER DID OR DID NOT DO TO PROTECTTHE INDIVIDUAL WAS NOT IN ACCORD WITH THESTANDARD OF CARE A REASONABLE PRUDENTPROFESSIONAL SHOULD PROVIDE.OMISSION:SOMETHING ONE DID NOT DO.COMMISSION:SOMETHING ONE DID DO.
  13. 13. 3) PROXIMATE CAUSE-THE BREACH OF THE STANDARD OF CARE WAS THEREASON THE INJURY OCCURRED.-AN ACT FROM WHICH AN INJURY RESULTS & WITHOUTTHE ACT THE INJURY WOULD NOT HAVE OCCURRED. “BUT FOR TEST”-AN INJURY WOULD NOT HAVE OCCURRED BUT FOR THEDEFENDANT’S NEGLIGENT ACT.
  14. 14. 4) DAMAGE-THE INDIVIDUAL MUST RECEIVE PHYSICAL OR EMOTIONAL INJURY-NO DAMAGE = NO LIABILITY 7) WHAT ARE THE 4 BASIC CATEGORIES OF DAMAGE?8) ECONOMIC LOSS9) PHYSICAL PAIN & SUFFERING10) EMOTIONAL DISTRESS11) PHYSICAL IMPAIRMENT
  15. 15. DEFENSES AGAINST LIABILITY
  16. 16. PRIMARY ASSUMPTION OF RISK-AN INDIVIDUAL HAS VOLUNTARILY PARTICIPATED IN ANACTIVITY THAT INVOLVES INHERENT OR WELL-KNOWNRISKS.
  17. 17. IMPLIED PRIMARY ASSUMPTION OF RISK-IT IS EVIDENT BY THE CONDUCT OF ACTIONS(PARTICIPATION NOT SIGNING DOCUMENTS) OF THEINDIVIDUAL THAT THE PARTICIPANT HAS VOLUNTARILYTAKEN PART IN AN ACTIVITY THAT INVOLVES INHERENTOR WELL-KNOWN RISKS.
  18. 18. EXPRESS ASSUMPTION OF RISK-THE PARTICIPANT SETS FORTH IN WORDS (VERBALLY ORWRITING) THAT HE/SHE ASSUMES THE INHERENT RISK OFTHE ACTVITY.
  19. 19. 8) WHAT IS A WAIVER?-A CONTRACT IN WHICH THE PARTICIPANT/USER OF ASERVICE AGREES TO RELINQUISH THE RIGHT TO PURSUELEGAL ACTION AGAINST THE SERVICE PROVIDER IN THEEVENT THAT NEGLIGENCE OF THE PROVIDER RESULTS INAN INURY TO THE PARTICIPANT.
  20. 20. 10) FOR A FACILITY OR EVENT, WHAT ENTITIES ARE GENERALLY RESPONSIBLE IN A NEGLIGENCE SUIT?4) EMPLOYEES5) ADMINISTRATIVE/SUPERVISORY PERSONNEL6) CORPORATE ENTITY
  21. 21. 11) WHAT IS AN INDEMNIFICATION CLAUSE?-AN AGREEMENT BY WHICH ONE PARTY AGREES TOINDEMNIFY OR REIMBURSE ANOTHER ON THEOCCURRENCE OF AN ANTICIPATED LOSS.
  22. 22. 13) WHAT ARE INHERENT RISKS?-RISKS INTEGRAL TO THE ACTIVITY.-IF REMOVED FROM THE GAME, WOULD ESSENTIALLYALTER THE SPORT.-THERE IS NO LIABILITY FOR INJURY THAT OCCURS DUETO INHERENT RISKS OF WHICH THE INJUREDPARTICIPANT IS KNOWLEDGEABLE OR SHOULD BEKNOWLEDGEABLE.
  23. 23. DISCUSSION:-A MAN IS TRAPPED INSIDE A BOX THAT HAS 100 LOCKS ON IT.HE GETS OUT WITH NO STRUGGLE. HOW?-MATT, PAT SUMMITT, PENGUINS/FLYERS, 100 MOSTINFLUENTIAL PEOPLE, FENWAY PARKTODAY:-SBJ ARTICLES DISCUSSION QUESTIONS ARE DUE.-WE WILL FINISH OUR DISCUSSION OF CHAPTER 10.-WE WILL DISCUSS THE 2 SBJ ARTICLES.HOMEWORK:-TRAVIS CURRENT EVENT FOR MONDAY.-READ CHAPTER 11 & ANSWER DISCUSSION QUESTIONS.

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