REC 440 Lecture Notes - Lecture 4: Contact Sport, Service Provider, Oyster
Document Summary
Ways to protect yourself/organization from negligence: make sure employees follow the rules, make sure the employees are competent in their jobs, have waivers and signage for participants. Attorneys must look at waivers before people can officially sign them in every state. The type of risk we are trying to eliminate is negligence: negligence- the type of risk where the provider could have done more to protect the participant(s) Ex: player injured because they fell in a hole, not providing proper medical treatment to a player. Remember all 4 elements must be there or there is no evidence for negligence this can be used as a defense. Not all 4 elements = no negligence = no liability. Inherent risks- integral part of the activity: ex: getting hit in football, falling when skiing. Primary assumption of risk- when a participant voluntarily participates and assumes the risks inherent in the activity: as the providers we cannot increase the risk.
