legislated laws
elected officials develop and pass laws - recreational land use statutes (bills once passed become public laws and are then called statutes)
Regulatory Law
reflects decisions made by administrative bodies - violation of the FDA. - title 9: equal rights in sports m/f
Common Law
based on precedent - negligence, intentional negligence
Case Law
collection of the reported cases that form the body of law within a jurisdiction
precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
a law
abstract, constantly changing - it provides protection, accountability, and justice
Legislative Branch
the branch of government that makes the laws - statutes (bills, public laws)
Executive Branch
the branch of government that carries out laws - regulations (FDA)
Judicial Branch
Branch of government that decides if laws are carried out fairly. - Common Law (Supreme Court, District)
State Court System
Deals with disputes about state laws - state legislatures
constitutional laws
laws embodied in the us or state constitutions (example: separation of church and state)
Dual Federalism
states rights (10th amendment)
recreational land use statute
example, in cemeteries its illegal to drink or picnic or go in at night) Protects private landowners from negligence when they open their land to public use for recreational activities
judicial laws
common law, precedents, decisional law (liability in skiing)
Tort Law
a civil wrong or wrongful act, whether intentional or accidental, that results in injury to another
Negligence
careless neglect, often resulting in injury (part of tort law) - person, property, or reputation
Purpose of Tort Law
compensate an injured party for harm suffered due to another individuals conduct
Elements of Negligence
duty, breach, proximate cause, and damages
Duty
an obligation to protect individuals from foreseeable risk of harm - employment, voluntary, or personal relationship (relative)
breach standard of care
the watchfulness, attention, caution, and prudence that a reasonable person in the circumstances would exercise. (a person does not do something that they are obligated to do) - omission
(when a person does something they are suppose to do but does it inc
proximate cause
the act or failure to exercise duty by the defendant must be strongly or directly linked to the resulting injury to the plaintiff
Causation
the action of causing the injury or harm (injured person)
Injury, damage or loss
there must be economic loss, emotional distress, physical pain, or physical impairment
Invitee
a person who is invited onto the premises for the benefit of the occupant
Licensee
Property owner gives permission for user to use land; property own does not benefit
Trespasser
a person on another's property without consent
Attractive Nuisance
A dangerous place, condition, or object that is particularly attractive to children - pool, trampoline, playgrounds, farm equipment
governmental immunity
A tax-supported entity cannot be sued for negligence (state specific)
Typical exceptions
�Insurance: May be sued up to the amount of insurance
�Gross or willful and wanton negligence
�Transportation�With permission of the legislature
Hazardous recreation statutes
State statutes passed to encourage local governments to provide recreational activities that are considered dangerous without the threat of lawsuits.
skate parks/bmx
Statute of limitation
The injured party must file the lawsuit within a certain period of time (3 Years in NH) after they realize they are hurt
Comparative negligence
If the injured party is more than 50% at fault, they cannot collect anything in most states
transfer strategies
passing liability to another party
�Insurance
�Contracting
�Assumption of risk
�Waivers
premium
Organizations pay a premium to an insurer with the intent that the insurer will pay any unplanned reduction of economic value.
Insurances
fire insurance, flood insurance, liability insurance, bond - loss from employees theft.
settlements
98% of cases settle out of court
�Agreement between plaintiff and defendant about how much is paid
�Saves time and court costs
�Usually settles at a lower amount than going to court
�Saves public relations
Assumption of Risk
voluntarily and knowingly subjecting oneself to danger - skydiving - You can prove assumption of risk by having a participant sign an assumption of risk form or warning
waiver
A contract between the provider of an activity and the participant in which the participant, in order to participate in the activity, relinquishes the right to sue the provider for negligence that may result in injury.
elements
- Title that clearly states
crowd control tactics
security, communication, vigilance
identification of risks and hazards
�Types of risks or hazards1.
Environmental (weather, animals, etc.)
2.Infrastructure (roads, building design, etc.)
3.Program (supervision, instruction, etc.)
4.Crisis management (disasters, fires, etc.)
5.Transportation (drivers, licensing, etc.) - a goo
probability levels
�High: occurs commonly or semi-commonly
�Medium: occurs occasionally
�Low: occurs infrequently; people are surprised when it occurs
discrimination in the workplace
intentional - applying different standards to different groups
unintentional - adopting policies that hinder some employees
Civil Rights Act of 1964
This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.
What is a disability?
Physical or mental impairment that Substantially limits one or more life activity and can be Long-lasting
-record of a disability
- regarded as having an impairment
Rehabilitation Act of 1973
Extended protection to those with physical or mental handicaps
�Section 501: Employment
�Section 502: Architectural and Transportation Barriers
�Section 504: Discrimination in federal programs