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Chapter 10
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Chapter 10

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  • 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. 1) PREMISES LIABILITY“THE LEGAL RESPONSIBILITY A FACILITY OR EVENTMANAGER OWES TO THE INDIVIDUALS UTILIZING THEVENUE.”
  • 3. 3) WHAT DOES NEGLIGENCE DEAL WITH?-DEALS WITH AVOIDABLE ACCIDENTS THAT SHOULDHAVE BEEN ANTICIPATED & PREVENTED BY TAKINGREASONABLE PRECAUTIONS.
  • 4. 2) WHAT GENRAL BODY OF LAW DOES NEGLIGENCE FALLUNDER?TORTS
  • 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. 4) WHAT ARE THE 4 ELEMENTS OF NEGLIGENCE?*ALL MUST OCCUR OR BE PROVEN FOR A PERSON TO BEHELD LIABLE FOR THE INJURY.1) DUTY2) BREACH OF DUTY (THE ACT)3) PROXIMATE CAUSE (CAUSATION)4) DAMAGE (HARM)
  • 7. 4) WHAT ARE THE 4 ELEMENTS OF NEGLIGENCE?*ALL MUST OCCUR OR BE PROVEN FOR A PERSON TO BEHELD LIABLE FOR THE INJURY.1) DUTY2) BREACH OF DUTY (THE ACT)3) PROXIMATE CAUSE (CAUSATION)4) DAMAGE (HARM)

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