Chapter 2: Legal Issues
expressed warranty
An oral or written statement by the seller regarding how a product should perform and the remedies available to the consumer in the event of its failure
HIPPA
Health Insurance Portability and Accountability Act of 1996
A member of your high school basketball team was seen by their family physician for an injury sustained during practice; The physician determined that the athlete should not participate in activity for 1 week; After 3 days, the athlete's parent calls you to give approval for their child to play; How would you respond to this situation?
I would explain that if the athlete were to get hurt again, it could be considered comparative negligence and could lead to legal action being taken against both parties if the athlete were to get hurt. I would then remind them of the physicians diagnosis and that their child should not return to practice until after the week is over or until the doctor confirms that the player may return to practice sooner than previously determined.
tort
a civil wrong done to an individual and the injured party seeks a remedy for damages suffered
duty of care
an obligation to teach proper and appropriate techniques for an age group; provide appropriate supervision of activities; providing quality safety equipments; ensuring a safe participation environment; and taking proper actions when an injury is sustained
implied warranty
an unwritten guarantee that the good or service is fit for the purpose for which it was sold
exculpatory waiver
based on the athlete's assumption of risk, a release that is signed by the athlete or by the parent of an athlete under the age of 18 that releases the physician from liability of negligence
negligence
can occur as a result of an action or the lack of an action by a professional who had legal duty of care
commission
committing an act that is not your responsibility to perform
malfeasance
committing an act that is not your responsibility to perform
foreseeability of harm
exists when danger is apparent or should have been apparent, resulting in an unreasonably safe condition
nonfeasance
failing to act
omission
failure to act
informed consent
implies that and injured party has been reasonable informed of the needed treatment for the services that a coach may need to perform, possible alternative treatments, and advantages and disadvantages of each course of action
standard of care
requires an individual to use the knowledge, skills, and abilities that conform to the standard of care for their particular specialization
comparative negligence
the relative degree of negligence on the part of the professional (defendant) and the participant (plaintiff) with damages awarded on a basis proportionate to each person's carelessness
A physical education teacher takes his 7th grade class to an outdoor field for a class on soccer; During play, one of the students inadvertently falls, lands on a broken bottle, and sustains a significant laceration to the forearm. In responding to the student, the teacher notices several broken bottles in the area; Is the teacher liable for the injury sustained by the student?
the teacher was responsible for identifying foreseeable harm meaning that it was the job of the teacher to recognize the potential for injury and remove that danger before an injury occurs
battery
unpermitted or intentional contact with another individual without their consent
assumption of risk
voluntarily and knowingly subjecting oneself to danger in sport
misfeasance
when an individual improperly does something they have the legal right to do
You are the coach of a high school athletic team; what standard of care and professional conduct should the parents of the athletes expect from you as the first responder during practices and games? Are you protected by the Good Samaritan Laws?
you would be expected to conform to the national standards for sport coaches; you would not be covered by the Good Samaritan Laws due to the expectation of action to help an injured player
