Chapter 3 Notes: Legal Concerns and Related Issues

Liability:

Negligence:

Standards of reasonable care

Torts

ÄLegal wrongs committed against a person (liability results)

ÄMay emanate from

–act of omission

–act of commission

Act of omission: individual fails to perform a legal duty (fail to refer)

Act of commission: individual performs an act that is legally not his/hers to perform (advanced treatment leading to complications)

Proving Negligence

ÄCare giver does something a reasonably prudent individual would not.

ÄCare giver fails to do something a reasonably prudent individual would not.

ÄAthletic trainer has a duty to provide coverage to athletes (obligation)

Negligence

ÄFour factors are considered in assessing whether or not a person is negligent. (ALL MUST BE PRESENT FOR NEGLIGENCE TO BE DETERMINED.)

Ä1. Presence of duty

Ä2. Breaching that Duty.

3. What caused the injury?

4. Extent of Injuries

Statutes of Limitation

ÄSpecific length of time an individual can sue for injury resulting from negligence.

ÄVaries by state but generally ranges from one to three years

ÄClock begins at the time the negligent act results in suit or from the time injury is discovered following negligent act

ÄMinors have generally have an extension

Assumption of Risk

ÄAthlete is made aware of inherent risks involved in sport and voluntarily decides to continue participating

ÄExpressed in written waiver or implied from conduct of athlete once participation begins

ÄCan be used as defense against an athleteπs negligence suit

ÄDoes not excuse overseers from exhibiting reasonable care and prudence in regards to conduct of activities or foreseeing potential hazards

ÄMany and varied interpretations (particularly with minors)

ÄOften a waiver will stand in court except in incidents of fraud, misrepresentation or duress