In essence, the concept of product liability is an expansive area of study in understanding the legal application in sporting products. The product liability concept is applicable under tort law and provides legal redress for a party who has been hurt by sports product. The tort law interprets whether the injuries caused by the product were due to the products defects during the design, manufacture, or distribution. Evidently, playing sports exposes the players and the supporters to unforeseeable risks that may cause injuries or threats to life. Notably, there are sports that have minimal risks of contact like athletics. However, other sports like baseball, tennis, hockey, and cricket require the use of sports equipment that may potentially …show more content…
Notably, the class of potential defendants in a product liability is extensive; it may include everyone in the distribution chain of the product (Wong 2010). The defendant may range from the manufacturer of the product to the seller or the lessor of the product. In addition, anyone who services the product or installs the product after purchase may stand liable in the event that the product is defective. Principally, the basis of action in a product liability litigation are the negligence, intent, strict liability, breach of implied warranty of merchantability, and general misrepresentation (Wong 2010). In practice, prosecutions in product liability have significantly relied on the Third Restatement of Torts, on section 402A (Wong 2010). The law, in this case, defines a defect as "unreasonably dangerous to the user." The extension of the product manufacturer liability in the recent years is perhaps the most outstanding changes were seen in the Anglo - American legal systems (McWilliams & Smith …show more content…
The ever-growing competition among sportspersons makes field vibrant with new trends always emerging. Specifically, product liability has been on the rise because of the increasing manufacturers of sports products and the growing demand for the same products. For this reason, the quality of the product during and after manufacture may be compromised owing to various factors. In this respect, an array of scholarly work has been conducted with the aim of expounding on this
OUTLINE Thesis: Although most hockey athletes believe that by wearing required equipment keeps them safe from injury, however I believe that these regulations should be stricter because of the severity of recent and past injuries. Introduction: Are equipment regulations enough to keep our hockey athletes safe? I. Injuries a. Richard Zednik b. Clint Malarchuk c. Bill Masterton II. History of Equipment a. Pre 1950 b. 1960-1970
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
Injuries are common in most sports that have a contact component attached. Whether it’s at a professional level, or a school level, injuries are always bound to occur in contact sport. This analysis will look into the role headgear could, should and would play, and debates whether it should be made mandatory. Olympic sports such as Ice Hockey, Bicycle Riding and Baseball are just some examples that currently require athletes to wear a form of headgear. However, Australian contact sports such as AFL and Rugby give the option for players to wear headgear for protection. In 2011, 14 year old Ben Robinson was hospitalised after being treated 3 times in a game for head blows in a rugby game . In 1994, professional boxer Bradley Stone died from head injuries whilst boxing against Richie Wenton . Examples like these show the brutality of contact sports. Because of this, my paper will look at the issue of headgear in contact sport and will particularly look at this issue at junior sports level.
American football is full of exciting competition, but do we realize the danger! Helmet safety in football remains an immense problem as the sport accounts for the highest incidence of concussions. Since leather football helmets, the technology for safer helmets has improved drastically and continue to improve. The development of newly designed helmets and technology has lowered the risk of head injuries for players. Furthermore, improvements in helmet testing methods have led to better understanding head injuries and the protectiveness of the helmet. In respect, football helmet safety still remains a challenge, such as a necessity of a proper categorization system to rank helmets and regulations to improve helmet safety. Regardless, standards and regulations attempt to address helmet safety through government intervention and a proper measuring system for football helmets. Despite the cultural perception of football, measures are taken to ensure safety, such as the reforms and education with regards to playing safer football. I intend to address the technological advances and regulation of football towards the discussion of helmet safety. Therefore the aggresivity in football’s culture should embrace stronger helmet standards and regulation that are promoted through improved testing methods and innovations because of the need to prevent further dangerous head injuries, especially concussions.
...e in the case of a lawsuit pressed against them. These policies usually have guidelines and limitations, which must be considered before enrolling in a plan. Education and supplemental training is another useful risk management resource. This can be done by achieving and maintaining additional certifications in areas such as first aid, CPR, AED, or any intervention applicable to the clinician’s setting. Continuing education is a valuable opportunity for professional’s to continue acquiring knowledge and training even after their didactic coursework is completed. All of these methods demonstrate proper utilization of resources to minimize and control the probability of harm or injury to the athletes. Proactive risk management is crucial to the sports medicine professional in preventing negative situations and protecting themselves from liability in potential lawsuits.
Cherry, E., Sealey, D., & Mangialardi, L. (1991). Understanding the risks. Journal of Sport Management, 5(2), 198.
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
Nike does not merely sell products these days. They spend billions of dollars for advertising contracts with famous athletes like Tiger Woods to increase the value of the brand by associating the factor of lifestyle to their products. The company's image has been damaged many times by press releases as well as a variety of NGOs who have long pointed out the inhumane working conditions in the production facilities of sporting goods manufacturers. This leads to the question whether should Nike orientate the regulations of the suppliers to the labor standards in their respective countries or those in the United States? The labor conditions are so inhumane that Nike at least should try to converse to the US standard to improve the situation. The following analysis of an abstract of Nikes’ Responsibility Concept, including SHAPE and their Code of Conduct, should give an insight into the difficulties of the Sweatshops.
In today’s society, especially sporting activities involving youth and young adults, it is imperative to ensure the safety of those involved. When an individual is injured either physically, emotionally or both, there is the concern of legal action towards coaches and the association conducting the sporting activity (Wolohan, 2013). The litigious culture that Americans live under has produced a heightened awareness to avoid negligence in athletic activities through proper training and education (Wolohan, 2013). Negligence is defined as an unintended accident that has caused injury to a person or material goods without a premeditated plan of action to cause pain and suffering (Yiamouyiannis, 2008). For that reason, the
The spectator that attend to a game are usually conscious about some rick assisting to outdoor games. Usually they are wise enough to sit behind a screen protector in foul balls areas or the protective glass, such as Hockey games. At the same time owners and people who organize sporting games and activities, are also informed and attentive to the risk of injury to spectators. When we assist to those games we accept the risk that involve and, even when accidents happen sometimes, It is our own choice and at our own responsibility. We can see in every game lots of foul balls in baseball and many hockey pucks, for example, “slamming” against the screen and the glass protection but, sometimes, somehow, unfortunately a few will hit a bystander or
Sports are a great way to bring people together and encourage friendly competition among people from all walks of life. In general, a sport is usually some form of physical game or activity performed by two or more people. One such example would be golf, often dubbed the "rich man 's sport" throughout its history. Golf has undergone many changes since its creation in the early 15th century, but has remained one of the more expensive sports as far as equipment costs go. When discussing the impact that different technological advancements in the materials used in golf have had, I 'm mainly looking at how these adjustments have improved performance.
In a modern day culture where sports are one of the biggest stages, it is crucial to conduct these studies to have the knowledge on how to successfully implement technology in sports. So for my research question, I want to ask, does sports benefit from advancements in technology? REVIEW OF LITERATURE: Player
Some things harm you more than others if you do not take precautions and use proper equipment. What comes to most people’s minds when people tell you things about preventing injuries are sports. Although sports are not the leading cause
Another reason we should buy more equipment for sports is because kids will learn life lessons. In the Notebook: Kids and Sports video, Katie Couric said, “getting into the game is an important life lesson for all ages.” (Notebook) Kids will learn more life lessons playing sports than going home right after school. These lessons might include teamwork,