The document discusses premises liability and negligence. It defines premises liability as the legal responsibility a facility or event manager owes to individuals utilizing the venue. Negligence deals with avoidable accidents that should have been anticipated and prevented through reasonable precautions. For negligence, there must be a duty, a breach of that duty, proximate causation, and damages. The four elements of negligence are: 1) duty, 2) breach of duty, 3) proximate cause, and 4) damage.

1. CHAPTER 10 DISCUSSION QUESTIONS
1) 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 in
a negligence suit?
11) What is an indemnification clause?
12) According to the NFSI, more than how much $ in insurance
claims 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 EVENT
MANAGER OWES TO THE INDIVIDUALS UTILIZING THE
VENUE.”

3. 3) WHAT DOES NEGLIGENCE DEAL WITH?
-DEALS WITH AVOIDABLE ACCIDENTS THAT SHOULD
HAVE BEEN ANTICIPATED & PREVENTED BY TAKING
REASONABLE PRECAUTIONS.

4. 2) WHAT GENRAL BODY OF LAW DOES NEGLIGENCE FALL
UNDER?
TORTS

5. TORT
-A WRONGFUL ACT THAT RESULTS IN INJURY TO
ANOTHER’S PERSON, PROPERTY, OR REPUTATION & FOR
WHICH THE INJURED PARTY IS ENTITLED TO
COMPENSATION.
UNINTENTIONAL TORT
-ONE DID NOT INTEND TO INJURE AN INDIVIDUAL, BUT AN
INJURY 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 BE
HELD LIABLE FOR THE INJURY.
1) DUTY
2) 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 BE
HELD LIABLE FOR THE INJURY.
1) DUTY
2) BREACH OF DUTY (THE ACT)
3) PROXIMATE CAUSE (CAUSATION)
4) DAMAGE (HARM)