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Chapter 3: Sports Torts

Chapter 3: Sports Torts. Tort Law Generally. Tort = Personal Injury law Latin: to “twist” or “twisted” Tort lawyers are often referred to as plaintiff- lawyers Civil law as opposed to criminal law (though closely related). Goal of Tort law is to compensate for injuries. Tort Law Basics.

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Chapter 3: Sports Torts

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  1. Chapter 3: Sports Torts

  2. Tort Law Generally • Tort = Personal Injury law • Latin: to “twist” or “twisted” • Tort lawyers are often referred to as plaintiff- lawyers • Civil law as opposed to criminal law (though closely related). • Goal of Tort law is to compensate for injuries

  3. Tort Law Basics • Plaintiff must prove case by a “preponderance of the evidence.” • 4 Major Tort Theories (not mutually exclusive): • Negligence • Intentional Torts • Products Liability • Strict (Absolute) Liability

  4. Negligence • Failure to act as the reasonable person • Who decides what was reasonable: a judge or jury. • Most states use comparative negligence today. • Outdated discussion of negligence involved phrases such as contributory negligence and assumption of the risk. Some states, very few, still use contributory (contrib.).

  5. Elements of Negligence • Duty of care • Breach of duty • Causation (proximate cause) • Damages • If any of the above are missing, a negligence claim should fail.

  6. Levels of Negligence • Negligence: Failure to act as the reasonable person. • Gross Negligence: Failure to use even a small amount of care. • Recklessness: So lacking in care that one can construe the conduct as being intentional. • Punitive (exemplary) damages: most likely in recklessness cases.

  7. Negligence and Sports • Spectator/fan injuries? • Participant (athlete) injuries? • Referee injuries? • Coaching injuries? • Death by spectators or participants (called wrongful death). • Malpractice in sports?

  8. Additional Negligence Considerations • What role does insurance play in the analysis, if at all? • What about waivers (disclaimers, releases, exculpatory clauses)? • Waivers on ticket stubs? • Minors and waivers? • Statutes of limitation for personal injury in sports? • Injury “arising out of” the course of employment: workers compensation issues.

  9. Intentional Torts • Most closely associated with the criminal law. • Some are crimes and torts as well • Assault, Battery, Defamation (Libel, Slander), Intentional interference with contractual relations, False Imprisonment, Fraud, Invasion of Privacy, Right of publicity (commercial misappropriation), and so on. • How do they relate to sports? • Contact v. non-contact sports?

  10. Products Liability • Focus on “defect” • Defect in design • Defect in manufacturing • Defect in warning • How and when might this relate to sports?

  11. Strict (Absolute) Liability • Very rare in sports • Hold defendant responsible no matter what degree of care they used. • Usually considered for demolishing projects, housing wild animals, storing and transporting dangers chemicals • Can you think of any in sports?

  12. Damages • General • Special • Compensatory • Punitive (not for breach of contract) • Liquidated?

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