Sport Law
Marketing/Sport and Entertainment Management
S
Overview
S  The law applied to sport, often referred to as sport law.
S  This is a result of the industry’s recognition of the importance of
law to the daily concerns of sport and physical activity. Law
provides the unique knowledge that enables sport recreation, and
physical activity specialists to analyze the professional standards
of care and design risk management protocols.
S  This chapter will provide an overview of legal theories of
significance to the entry-level sport management professional.
Negligence
S  Usually results from injuries suffered from
playing risky endeavors.
S  Defined as:
S  Something that a person would not be expected
to do or,
S  Failure to do something that a person would
normally be expected to do.
Negligence Examples
1.  Recklessly driving a golf cart at a golf
tournament and someone is injured.
2.  Leaving recently mopped floors at an arena
wet without a sign to warn the spectators and
someone falls and gets hurt.
Elements of Negligence
1.  Duty
2.  Breach of duty
3.  Breach of the duty – the cause of injury
4.  Damages
*For negligence to be found, all four elements must exist.
Defenses
1.  Contributory Negligence
2.  Assumption of Risk
3.  Comparative Fault
Contributory Negligence
S  Exists when the injured party did or did not do
something that contributed to his/her injuries.
S  Examples: Life jacket worn improperly,
assembled equipment improperly, ignores
safety recommendations
Assumption of Risk
S  The injured knew of the danger or was given
facts sufficient to enable a person to understand
the danger involved.
S  Voluntarily assume the risk.
Comparative Fault
S  A system where the relative fault of each party is
assessed and used in awarding damages.
S  Example: Victim=40% and Person in Charge=60%, a
$100,000 damages award would result in $60,000 for
the injured party (victim).
Negligence Example Cases
S  Shirley Alters and Elizabeth Wolinski were playing golf
together. Wolinski was driving a golf cart. An incident
occurred and Alters ended up with a broken ankle.
Two different stories were told to the court. Alters said
that Wolinski drove over her ankle and leg with her golf
cart. Wolinski said that Alters was riding in the cart
and decided to get out of it while the cart was moving.
She saw Alters fall from the cart, but she did not think
that she had hit Alters.
S  Did the courts rule Wolinski to be negligent?
Negligence Example Cases
S  Gil Perez sued a home for boys stating that the home
was negligent in permitting the young men to play
tackle football without proper equipment. Perez
sustained a severe knee injury. In his suit, he alleged
negligence supervision and negligent instruction and
organization of the game.
S  Who was found negligent?
Intentional Torts
S  Pertains to an incident that one did not expect.
S  An intentional act.
Intentional Torts
1.  Battery – Intentional physical contact with another
person without the person’s consent.
2.  False Imprisonment – Intentionally restraining or
confining another.
3.  Reckless Misconduct – Conduct of creating an
unreasonable risk of physical harm to another.
Intentional Tort Example
S  Christensen was found guilty of aggravated
battery following an incident in a pick-up
soccer game when he punched a player in the
face fracturing the player’s eye socket.
S  What was the intentional tort?
Product Liability
1.  Defective Manufacturing
2.  Defective Design
3.  Inadequate or faulty instructions/warnings
Duty to Warn
S  …when the product danger is not apparent to
the purchaser.
S  When the user, as a result of expertise and
experience, knows of the products danger,
there is not duty to warn.
Misrepresentation
S  An untrue statement of fact that leads a person
to believe something that is not true.
S  The product does not need to be defective or
dangerous.
S  Physical injury is required for claim.
Sport Law and the
Constitution
Section 2
S
Contract
S  A legally enforceable agreement between two or more
people.
S  An offer has been made and the other party has accepted
the offer.
S  Written or oral
S  Only adults can be held to contracts
Breach of Contract
S  When one of the parties fails to live up to the agreement.
S  Court will determine the validity of the dispute.
S  Many types of contracts:
S  Employment agreement
S  Warranties
S  Leases
Constitutional Law
S  U.S. Constitution – primary law of the United States
S  In addition, each state has its own constitution.
S  First, Fourth, and Fourteenth Amendments to and
Article 1 of the Constitution
First Amendment
(read the paragraph but you do not need to copy)
S  “Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the
people peaceably to assemble, and to petition
the Government for a redress of grievances.”
First Amendment
S  Freedoms of:
S  Religion
S  Speech
S  Press
S  Excerpt from textbook pg. 168 (we will go over this
tomorrow)
Fourth Amendment
(read the paragraph but you do not need to copy)
S  “The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no
warrants shall issue, but upon probably cause,
supported by oath or affirmation, and particularly
describing the place to be searched, and the persons or
things to be seized.”
Fourth Amendment
S  Attempting to balance the need of the individual and
state.
S  Excerpt from text pg. 169 (we will go over this
tomorrow)
Fourteenth Amendment
(read the paragraph but you do not need to copy)
S  “No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of
life, liberty, or property, without due process of law;
nor deny to any person within its jurisdiction the equal
protection of the laws.”
Fourteenth Amendment
S  Due Process – a system that enables members of
society to be assured of fair treatment.
S  Opportunity to be heard
S  Defended
S  Assured fair treatment
Fourteenth Amendment
S  Due process system includes the following concepts:
1.  Knowledge of the charge and complaint.
2.  A right to a hearing in which one may choose to use an
attorney or other counsel.
3.  Opportunity to respond to charges with adequate time to
prepare the response.
4.  Opportunity to present witnesses and to question witnesses
presented by others.
Acts Associated with
Sport Law
Section 3
S
Title IX of the Education
Amendments of 1972
(read the paragraph but you do not need to copy)
S  States that…
S  “No person in the United States shall, on the
basis of gender, be excluded from participation
in, be denied the benefit of, or be subject to
discrimination under any education program
or activity receiving Federal financial
assistance.”
Title IX of the Education
Amendments of 1972
S  Extended the principles covered under the
Fourteenth Amendment to all schools, public and
private, that rely on federal and state funds.
S  Enforced by the Department of Education
S  Can withhold federal funds for violation
Title IX Case Examples
S  Ridgeway v. Montana High School Association (1988)
S  Violation of Title IX, Fourteenth Amendment, and Montana
Constitution.
S  Claimed discrimination in the number of sports, the seasons
of play, length of season, practices/schedules, equipment,
coaching, transportation, uniforms, publicity, and general
support.
S  Outcome: Parties accepted an agreement that provided for
equal opportunity and placed a court-appointed facilitator in
charge.
Title IX Cases
S  Haffer v. Temple University (1987)
S  Concerned Temple women currently participating in
athletics and who had been deterred from participating
because of gender discrimination.
S  Coaching, recruiting, expenditures, training facilities, tutoring,
and uniforms.
S  Violation of Fourteenth Amendment
S  Court ruled in favor of the athletes
The Sherman Antitrust Act
S  Professional sport is considered a private business
S  Regulates contracts, competition, and commerce.
S  Example Questions for Thought:
S  Is the restraint of a professional player’s movement from one
team to another the least restrictive method of maintaining
equity in competition?
S  Is the restraint of a professional player to a one-year contract
commitment to a particular team a viable method of
maintaining equity in competition?
The Sherman Antitrust Act
S  Conduct research and answer the following questions
in your notes:
S  Who is Curt Flood and what influence did he have
on baseball?
S  Explain the background and regulations of the Curt
Flood Act of 1998.