BSLW6604 Lecture 5: Liability in Sports
8 Jun 2018
School
Department
Course
Professor
1. Liability
a. Types
i. Strict Liability
1. Ultra-hazardous activities
a. Wild animals, dynamite, radioactive materials, sky diving, etc
ii. Product Liability
1. Design defect
a. Very design of the product is so flawed it is unsafe
2. Manufacturing defect
a. Error in the manufacturing process that renders a product unsafe
iii. Vicarious Liability
1. The imputation of liability upon one person for the actions of another
2. Respondeat Superior: “Let the superior reply”
3. If an employee, in the scope of employment, injures someone, the
employer may be liable
a. Ex. Drunk driving by coach on a road trip
4. Exception: independent contractor
a. Although connected to employer, not legally under the
employer’s control
i. Ex. Doctor at a game
b. Liability of…
i. Coaches/Teachers
1. Failure to provide adequate supervision
a. Age/weight discrepancies
b. Equipment
2. Failure to provide proper instruction and training
3. Failure to provide prompt and capable medical assistance
4. Acting outside the scope of employment
ii. Schools, Administrators, and Athletic Organizations
1. Failure to provide supervision
2. Failure to hire qualified personnel
a. Vicarious liability
3. Failure to provide adequate medical assistance
4. Failure to provide safe equipment
iii. Participants
1. Gross Negligence
a. Nabonzy v. Barnhill
2. Initially “assumption or risk”
a. Primary v. secondary assumption of risk
3. Public policy
iv. Facility owners and possessors
1. Licensees
a. One who enters the property of another with permission, for the
licensee’s own purpose. Occupier of the property owes only a
duty of ordinary care
i. No requirement to warn people
b. Invitee (business invitee)
i. Someone who brings a monetary benefit to the person in
possession of the property
ii. Owed a higher degree of care (reasonable care)
iii. Patent defect
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