LEGAL LIABILITY, RISK AND INSURANCE
MANAGEMENT
CHAPTER 13
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Legal Liability
Tort
Negligence
Intentional Tort
Product Liability
Risk Management
Insurance Management
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Liability is the
responsibility, the state of
one who is bound in law
and justice to do something
which may be enforce by
action.
Liability is the condition of
affairs that gives rise to a
legal responsibility, duty, or
obligation to do a particular
thing.
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Injuries occurs in:
a. playgrounds
b. sports field
c. stands
d. parks
e. ski area
f. golf courses
g. gymnasiums
h. arena
i. natitoriums
k. locker room
l. classroom
Physical Education &
Sport Examples
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Class develop examples in
the areas below.
1.
2.
3.
4.
5.
6.
Sport Management &
Exercise Science Examples
OTHER LEGAL DEFINITIONS
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Tort comes from the Latin
word meaning twist.
Is a legal wrong resulting in
direct or indirect injury to
another person or property
or to one’s reputation.
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A tort act is a wrongful act
for which the court will
award damages.
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TORT
Negligence occurs when a
professional does or fail to do
an act that another person
would be expected to do.
(carelessness)
For a person to be found
negligent by the court:
1. duty
2. breach of duty owned
3. breach of duty owned
causing injury.
4. proximate cause of injury
5. damage or harm that is
measureable compensation.
NEGLIGENCE
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Tort in physical education and sport:
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a. negligence
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b. supervisory negligence
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c. Intentional tort
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d. Product liability
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Review for Physical
Education:
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Cardinal principles of
supervision
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P. 416
Review for Coaches:
Coaches guide to avoid
charges of negligence
P. 417
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Intentional torts are injuries
caused by an intended or
deliberate act or failure to
act.
Battery, assault, and
offensive touching are
examples of intentional
torts to persons.
INTENTIONAL TORT
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Sport product liability is the
liability of the anyone
furnishing a defective
product to the
market/consumer.
To sue for product liability,
the injured part has only to
prove the product caused
the injury.
PRODUCT LIABILITY
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I. The extent of the
supervision:
a. number
b. type
c. age
d. fitness level
2. The quality of
supervision:
a. certification
b. experience
c. qualification
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Case Study: p. 421
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Gifford vs. Grime
Risk Management:
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Is an ongoing process of:
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a.
b.
c.
d.
e.
f.
g.
Risk identification
Evaluation
Analysis
Control as it relates to
instruction
Programming
Supervision
Operations
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Insurance
Management:
Schools and other
organizations employ three
major types of insurance to
protect themselves.
a. Protection of property
Insurance
b. Protection for liability
c. Crime protection and
other illegal acts.
YOUR CALL
History of Women in Sports
TITLE IX
GIRLS IN SPORTS
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1923—Women's Division of the National
Amateur Athletic Federation
◦ Opposed international competition
◦ Favored play days for girls and women
◦ “A sport for every girl, and every girl in a sport"—
National Section on Women's Athletics
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Colonial period
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Next 100 years
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Late 1800s
◦ Horseback riding; dancing; fox hunting
◦ Riding; walking; dancing; calisthenics
◦ Croquet; cycling; hiking (with clothing restrictions)
◦ Tennis—1874
◦ Gymnastics in bloomers
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1892—Smith College (Senda Berenson)
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1896—Stanford defeated California in the
first intercollegiate game
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1899—Standardized rules
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No snatching the ball
Could hold ball only three seconds
Could bounce ball only three times
Divided court into three areas to limit exertion
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Basketball
◦ 1936—two-division game
◦ 1949—rover game in AAU; 1962 in colleges
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◦ 1970—full court game in colleges
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Colleges—track and field; field hockey;
archery; rowing; golf
CONTRIBUTIONS OF BLACK COLLEGES TO WOMEN IN SPORTS
Read
Hamilton, H. (2005). The early emergence
of women in physical activity and sports.
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1. Who was the first HBCU to
promote women’s sports team?
2. What was the first sport for
women at an HBCU that excelled?
3. Who was the individual
responsible and what was his
position at the school?
4. Name another institution that
made history with their women’s
program?
5. What was the connection
between the two HBCU schools?
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Increased Competition
◦ Olympic development thrust after defeat by
Russians in 1956 and 1960 Olympic Games
◦ U. S. Olympic Development Committee in 1961—"to
broaden the base of participation for girls and
women in Olympic sports and to provide better
experiences for the skilled athlete"
◦ 1963-1969—National Institutes on Girls' Sports—to
train teachers and coaches
◦ Sanction
intercollegiate events
◦ Hold national
tournaments—first
national tournaments
in track and field and
in gymnastics
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1969—Association
for Intercollegiate
Athletics for
Women
◦ NAGWS game rules
◦ 39 championships in
17 sports
AIAW
◦ Members were
colleges
◦ Educational goals
and purposes
◦ AIAW
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Ended June, 1982
Because NCAA
Members voted to
bring in their
women programs
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"No person shall on the basis of sex, be
excluded from participation in, be denied the
benefits of, be treated differently from
another person or otherwise be discriminated
against in any interscholastic, intercollegiate,
club or intramural athletics offered by a
recipient, or no recipient shall provide
athletics separately on such basis."
 1975—Federal government published guidelines for Title IX
 1976—Schools and 1978 (colleges) required to be in full
compliance with Title IX
 1979—Congress adopted its policy interpretation of Title IX
 1984—United States Supreme Court ruled in Grove City
College v. Bell that Title IX was applicable only to educational
programs that directly received federal funding
TITLE IX
“The law will bite if you are not in the right”
Dr. H. Hamilton, Title IX Consultant
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Page 427 – Haffer vs Temple University
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Class action suit to obtain equity competitive opportunities,
resources, and financial aid for women. Discrimination recruiting,
coaching, travel, per diem, equipment, facilities, publicity, etc.
Court ruled for Haffer.
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Page 428 – Cohen vs. Brown University
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School demoted two women teams to club status.
Court found violations of title IX.
Page 428 – Pederson vs. vs. Louisiana State University
Suit against the Athletic Director and Chancellor for not
providing opportunities for the women population of 49% vs.
51% men.
AVOID LAWSUIT
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1. Pre - participation Medical Examination
Who should give them?
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2. Health Insurance
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What type of insurance should the student have? What type of insurance should you have?
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What type of insurance should your school have?
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3. Preseason Preparation
How should you prepare?
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4. Waivers and Consent- Acceptance of risk
What does a waiver or consent form do?
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5.
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9.
Planning and Supervision
Equipment-What is your responsibilities?
Facilities- What is your responsibilities?
Emergency Care- What should you be prepared to do?
Records- Your records should reflect?
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REVIEW: Page 439
1. Have proper and current license.
2. Work within the scope.
3. Minimize danger.
4. Maximize supervision for safety.
5. Inspect facilities and equipment.
6. Document in writing proper authority about problems.
7. Activity must be approved.
8. Do not force student to do activity they cannot do.
9. Act promptly in circumstances.
10. Join a professional organization and get professional insurance.
11. Make sure athletes are covered.
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Law Terms
Closer look at Negligence (Physical Education & Coach)
History of Women’s Sport
Title IX
Contributions of HBCU Schools
Lawsuit Avoidance List
Safety Concerns
Key Case Studies for Title IX