Chapter 2

Define Tort

- a civil wrong done to an individual, whereby the injured party seeks a remedy for damages suffered.

Describe expressed warranty.

- a written guarantee that the product is safe for use

What can a coach do to reduce the likelihood of litigation?

- actively engage in actions to reduce the risk of injury and potential litigation

Failure to receive informed consent may constitute what?

- battery

Good Samaritan Laws

- developed to encourage bystanders to assist others in need of emergency care by granting them immunity from possible litigation

Describe informed consent.

- implies that an injured individual may has been reasonably informed of needed treatment and consents to receiving it

Describe implied warranty.

- manufacturers have a duty of care to design and manufacture equipment that will not cause any harm

What is standard of care?

- measured by what another minimally competent person educated and practicing in that profession would have done to protect an individual from harm

Is informed consent only required in the treatment of minors?

- no

Does completion of an assumption of risk form protect a coach from negligence?

- no; an individual does not assume the risk that a professional will breach their duty of care

Is a coach covered by Good Samaritan Laws?

- no; coaches should complete athletic training class, and be trained in first aid and CPR to protect against litigation

Risk Management

- providing an environment that makes participation in an activity as safe as possible and minimizing opportunities for injury

Define Negligence.

- result of an action or non-action by a professional who had legal duty of care

Example of foreseeability of harm.

- slippery floors on a pool deck

What is duty of care?

- the legal obligation to provide a professional standard of care to protect individuals under their care or supervision from unreasonable risks that could be harmful.

How to Prove Negligence?

- there was a duty of care owed to the injured person by the person responsible for the injury - there was a breach of that duty - there was harm - the resulting harm was a direct cause of the breach of duty

Define battery.

- unpermitted or intentional contact with an individual without their consent

- Define Omission (tort).

- when an individual *fails to perform a legal duty of care* - aka nonfeasance

Define commission (tort).

- when an individual commits an act that is *not their responsibility to perform* - aka malfeasance

Define Malfeasance.

- when an individual commits an act that is not their responsibility to perform

Define Misfeasance.

- when an individual commits an act that is their responsibility to perform, but uses the wrong procedure

Define Nonfeasance.

- when an individual fails to perform their legal duty of care.

Describe foreseeability of harm.

- when danger is apparent or should have been apparent, resulting in an unreasonably unsafe condition

Exculpatory Waiver

-contract that releases the professional from any liability to the individual executing the release