Sports And Sports: Three Types Of Negligence In Sports

2073 Words5 Pages

Negligence in Sports
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 …show more content…

Tort is the action that causes injury to persons or property (Epstein, 2011). There are three types of Tort, intentional, negligence, and strict liability. Intentional is the act of consciously committing harm to an individual (U.S. Legal, Inc., 2014). Strict liability is the result of unintentional consequences of harm or damage to persons or property not associated with the act that has caused the damage as a result of the primary action (U.S. Legal, Inc., 2014). Negligence is the harm or damage to persons or property due to the deficiency in taking precautionary measures to prevent such injuries (U.S. Legal, Inc., 2014). In sports or athletic events, the coach’s and the organization who is conducting the event is responsible for the safety of the athletes and spectators (U.S. Legal, Inc., 2014). Negligence in sports can occur when the coach or organization unintentionally overlooks the overall safety of those participating and an accident or injury occurs as a result of this oversight. Furthermore, there was no premeditated or conscious effort in creating a dangerous environment. Hence, the type of Tort that would be applied in this situation is negligence on behalf of those in

Show More
Related

  • Schmidt V. Massapequa High School Case Study

    415 Words  | 1 Pages

    In the case of Schmidt v. Massapequa High School, the plaintiff, Schmidt, alleged negligent of the voluntary assistant coach and Massapequa UFSD (Union Free School District). On January 22, 2008, Vincent D’Agostino, who was a voluntary assistant coach at Massapequa High School, was allowed to participate in a wrestling practice by Massapequa UFSD. During the practice, D’Agostino picked the plaintiff up and threw him to the ground. While they were matching, D’Agostino’s body fell onto the body of the plaintiff, causing the plaintiff’s injury, fracture. Thus, the plaintiff, Schmidt, argued that Massapequa UFSD did not supervise D’Agostino correctly, and stated that the application of the doctrine of primary assumption is unwarranted. The plaintiff submits his own affidavit, his mother’s affidavit, and an affidavit of Steven Shettner. Since this case was submitted by the plaintiff, it is considered as a civil case. Shettner is an experienced wrestling coach. He states that there is risk of causing an injury in extracurricular sports; however, awareness of the risk assumed is to be assessed against the background of the skill and experience of the particular plaintiff.

    Read More

  • Alex Mckinnson Case Study

    1310 Words  | 3 Pages

    Mr McKinnon must have, under the assumption of risk, known that there was a possibility for the risk of injury resulting in paralysis. Over data collected over a period of six years, showed that a total of 12 players in the rugby league code [1997 – 2002] have suffered from spinal injuries (Carmody D, et.al 2005.) This assumes that Alex must have known the possible risks and under the Civil Liability Act 2002, section 5G, “injured persons presumed to be aware of obvious risks.” Thus resulting in the assumption that he knew what could happen in such a high contact sport. Once again, this can be seen in the case Cafest v. Tombleson [2003] NSWCA 210. In this case Julianne Tombleson went roller-skating and broke her right wrist, claiming that she was not properly informed of the risks involved with the activity. However, the court found that there was a myriad of pre-emptive warnings to skaters such as highly visible signs that stated protection gear available for hire and that the rink centre will not be held legally liable to any injuries that may be sustained. This confirms and rectifies the concept of volenti non fit injuria. If the risks are clearly set out and known, one could not claim negligence for compensation, relating to the fact that Alex indisputably would have realised the potential

    Read More

  • Case Study: Should Colleges Be Punished For Their Athletes Mistakes

    544 Words  | 2 Pages

    This is a big topic in the sports world. Players such as Reggie Bush and O.J Mayo have stripped their team of big achievements just because of one desicon. Some of the things that have been stripped are national championships, scholarships, wins, and not being able to play in the postseason next year. The player also may have some achievements taken away as well. Such as, player of the year award, or defensive player of the year. Most of the incidents happen when a player signs an agent and takes gifts such as money, houses, cars, food, and so on. Colleges should be punished because they are responsible for that player, colleges/coaching staff have a pretty good idea of the events that happen between players, and the athletes are representing the college.

    Read More

  • Checking Should Not Be Banned in Hockey

    906 Words  | 2 Pages

    R, Elvik, and Kim k. "Accident Analysis & Prevention." Body-contact sports: Catharsis or reinforcement?. 6.1 (1974): 85-91. Print

    Read More

  • Negligence Lawsuits For Sports Medicine Professionals

    1318 Words  | 3 Pages

    ...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.

    Read More

  • Utilitarianism In Sports Ethics

    788 Words  | 2 Pages

    The failure of the NFL to disclose credible research linking concussions to permanent, hidden long-term brain injury to the players can be interpreted as both ethical and unethical. Ethical theories and traps influenced the NFL’s decision. Not disclosing the research is considered moral by the ethical theory of utilitarianism. Utilitarian ethics considers the best decision is one which maximizes overall happiness and minimizes overall pain is more ethical. Utilitarianism’s goal is to produce the best outcome for the largest number of people. The NFL’s failure to reveal the research connecting concussion to permanent brain injury’s is in line with utilitarian ethics. A larger population benefits from football compared to the small number of

    Read More

  • Explain The Four Legislative Factors In Sport

    1424 Words  | 3 Pages

    In this assignment I will be talking about the four legislative factors that influence health and safety in sport. On each of the four legislative factors I will be describing them in more details also I will be giving examples for each of them. Here are four legislative factors that I will be talking about:

    Read More

  • Ethics In Professional Sports Teams

    925 Words  | 2 Pages

    The role of physicians employed by professional sports teams creates conflicts of interest and raises ethical concerns. The team physicians have a moral obligation to promote the health of their patients, but their actions are heavily influenced by outside variables and by the patient’s susceptibility to influence and personal characteristics. The opposing need to protect the athlete’s health and the player’s desire to succeed interferes with the physician’s ability to make ethical decisions and impedes promises to commitments and adopted health care virtues. In this paper, I will discuss how the conflict between moral obligation to individual health and the stress of achievement threatens autonomy and

    Read More

  • Moral Theories In Sports

    1188 Words  | 3 Pages

    Moral reasoning requires athletes to think about what is a good decision and is this decision right or wrong, strategic decisions are based on what advantage will this bring to the individual. Moral decisions produce a variety of different outcomes and two common areas of moral thinking include consequentialism and deontological theory. Both consequentialism and deontologicalism have strengths and weaknesses and both theories are used in a variety of situations, in regards to sports ethics.

    Read More

  • A Career in Athletic Training

    1288 Words  | 3 Pages

    Athletic Training plays a big role in the world today. Many people are on the go whether it is for sports or every day activities. Athletic Trainers can help with athletes of any age or industrial workers performing physical tasks or even an average citizen in recreational athletics. They help prevent injuries and help recognize injuries and treat them. They also help rehabilitate injuries that result from physical activity (Athletic Training Association). They are usually first on the scene of an injury (Campus Explorer). Athletic Trainers are health care professionals that work along the side of certified physicians. They also work for other health care professionals, coaches, or parents (Athletic Training Association). While working full time for a sports team, they are faced with tough decisions that could affect the players’ health or career. They must also be able to make fast decisions under pressure. A trainer working for a team can advance their job by switching teams or even becoming an Athletic Training director (Campus Explorer). Athletic Trainers are certified in prevention, clinical evaluation and diagnosis, immediate care, treatment, rehab and reconditioning, organization and administration and professional responsibility (Athletic Training Association). They help athletes prepare for practices, competit...

    Read More

  • The Ethics of Steroid Use in the Olympics

    894 Words  | 2 Pages

    The desire to compete — and win — is as old as history itself. From the beginnings of sport, athletes have sought out foods and potions to turn their bodies into winning machines. As early as 776 BCE, the very first Olympic games, there are records of attempts to increase testosterone levels (“Steroid Abuse in Sports”). Ancient Greek wrestlers ate vast amounts of meat to gain muscle mass, and Norse “Berserker” warriors took hallucinogenic mushrooms before battle. The first competitive athletes to be charged for doping, however, were swimmers in 1860s Amsterdam. Doping of all kinds, from caffeine to cocaine to anabolics quickly spread to other sports (“Anabolic Steroids, a Brief History”).

    Read More

  • Negligence Case Study

    935 Words  | 2 Pages

    Negligence, as defined in Pearson’s Business Law in Canada, is an unintentional careless act or omission that causes injury to another. Negligence consists of four parts, of which the plaintiff has to prove to be able to have a successful lawsuit and potentially obtain compensation. First there is a duty of care: Who is one responsible for? Secondly there is breach of standard of care: What did the defendant do that was careless? Thirdly there is causation: Did the alleged careless act actually cause the harm? Fourthly there is damage: Did the plaintiff suffer a compensable type of harm as a result of the alleged negligent act? Therefore, the cause of action for Helen Happy’s lawsuit will be negligence, and she will be suing the warden of the Peace River Correctional Centre, attributable to vicarious liability. As well as, there will be a partial defense (shared blame) between the warden and the two employees, Ike Inkster and Melvin Melrose; whom where driving the standard Correction’s van.

    Read More

  • Argumentative Essay: The Benefits Of School Sports

    442 Words  | 1 Pages

    In a CNN article, Kelly Wallace said that more than 3.5 million children younger than fourteen need treatment for sports related injuries (1). Many children are getting hurt in sports, and the benefits , may not be worth the countless concussions. The brains of young children have not fully developed and hard hits to the head can be life-threatening. The Roque News wrote an article on students playing sports, and they said, “In 2009 two high school students died from multiple hits to the head…”(McGough 1). Now innocent teenagers died from a contact sport. The constant jarring of the head finally killed two high schools students providing sports can be extremely dangerous. There are some downsides that make school sports an inadequate decision.

    Read More

  • Cheating in Sports

    1409 Words  | 3 Pages

    Sports are governed by sets of rules or customs and often, competition. Sports have always been a way to connect us to our past and to build optimism about the future. Sport’s a way to bond the people despite differences in race, age and gender. However, today the game that is supposed to teach character, discipline and team work is teaching cheating. And in today’s world, with fame, endorsement, drugs and so much to gain, it is not surprising that athletes are cheating in sports. Cheating in sports is not new thing; it started the day when humans first discovered athletic competitions. According to the Los Angeles Times (August 20, 2006) “More than 2,000 years before Mike Tyson bit off a piece of Evander Holyfield's ear and was disqualified in the boxing ring, Eupolus of Thessaly, a boxer in the Olympics of 388 BC, bribed three of his opponents to take dives. Historians consider Eupolus' crime the first recorded act of cheating in sports” (Pugmire 7). We have been seeking an easier way to win. Cheating in sports, which recently has manifested in diverse forms, is more a result of increasing pressure to win from the sponsors and team management, especially in the context of sport becoming a career rather than an act of recreation. What actually constitutes cheating? When does gamesmanship stop and cheating start? And should we try to stop cheating in sports? The use of illegal drugs, huge amount of money and betting is ruining the fame of sports. Hence, cheating in sports is caused by drugs and the desire for endorsement and fame which are getting more effective in recent.

    Read More

  • The Amalgam Of Laws And Sports Law

    315 Words  | 1 Pages

    Sports law is an amalgam of laws that apply to athletes and the sports they play. It is not a single legal topic with generally applicable principles. Sports law touches on a variety of matters, including contract, tort, agency, antitrust, constitutional, labor, trademark, Sex Discrimination, criminal, and tax issues. Sports law can involve all sorts of different types of legal issues, such as contracts, labor law, antitrust, tax, tort, compliance, intellectual property law, alternative dispute resolution, and even criminal matters (for example, involving drugs or domestic escarlations that have professional repercussions). It would be a rare lawyer who does not have some experience in at least one of those areas working with some kind of

    Read More

More about Sports And Sports: Three Types Of Negligence In Sports

Open Document