wk2 1 operation2
Post on 22-Apr-2015
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I. REVIEW
II. OPERATION OF ORGANIZATION II: PARTICIPANT LIABILITY DEFENSES TO PARTICIPANT LIABILITY
CLAIM
III. WRAP-UP
OPERATION OF ORGANIZATION I
FINANCING STADIUM Use of public funds must be justified by public
benefits Political > legal issue now
FORMATION OF CONTRACT Offer Acceptance Consideration No defense to contractual obligation
TORT LAW CONTINUUM (DEGREE OF FAULT)
No fault: No legal action possible Negligence: Plain stupidity Reckless: Extreme stupidity Intentional torts: Defendant did it on
purpose Criminal acts: Under criminal law
PARTICIPANTS
People coming into your premise to actively engage in the program or service you provide
Example: Patrons of fitness club, adult students in community art class
Negligence case: Injured participant may argue that your organization is responsible for her injury
NEGLIGENCE: 4 ELEMENTS
A plaintiff bringing an action for negligence must initially prove 4 elements
4 elements Duty Breach of duty Causation Damage
DUTY: WHETHER D MUST HAVE PROTECTED P
From relationship If no relationship, no duty can be imposed Example: Varsity swimmers just passed a kid
in a pond crying for help no relationship, no duty
Question of law Matter of policy judgment Imposing duty achieve stricter safety
standard
DUTY: STATUS OF PLAINTIFF
Trespasser: A person on the premise without permission
What is the duty owed to a trespasser? Undiscovered trespasser: No duty Discovered trespasser: Only for “man-made
death trap”
DUTY: STATUS OF PLAINTIFF
Licensee: A person on the premise with consent but brings no economic benefit to the owner (e.g., party guests)
What is the duty owed to a licensee? All known dangers in the premise Inspection not required (i.e., only “known”)
DUTY: STATUS OF PLAINTIFF
Invitee: A person on the premise with invitation who brings $$$ for the owner
Duty of care owed to invitee (most demanding)
All known danger; & Danger that might have been discovered by
reasonable inspection
DUTY OWED TO PARTICIPANT (= INVITEE)
Types of duty owed to participant
Duty of reasonable inspection Duty of safe facility design Duty to warn about hidden danger Duty to repair within a reasonable time Duty to emergency medical service (e.g.,
paramedics)
DUTY FROM SPECIAL RELATIONSHIP
General rule 1: K-12 teachers and coaches have duty of care for their young students
In loco parantis: “Standing in the place of a parent”
Policy: Protection of young children But Cs may not sue for “negligence” Many jurisdictions have abolished the
doctrine
DUTY FROM SPECIAL RELATIONSHIP
General rule 2: Colleges & universities do not have duty of care for students engaged in sport events
Kleinknecht v. Gettysburg College (p. 466): Exception
An intercollegiate athlete died from a heart attack during a regular practice session
Special relationship imposes duty of care on the college because victim was a member of intercollegiate sport team (victim did it more than self interest)
BREACH OF DUTY: WHETHER D FAILED TO MEET REASONABLE PERSON STANDARD
Question of fact: Decided by a jury Standard of care: Reasonable Prudent
Person Q Would a Reasonable Prudent Person in
Defendant’s shoe act in the same way? A jury compare D & imaginary person (= RPP)
BREACH OF DUTY
Negligence per se
If D violates a law directly dealing with the issue (e.g., Defendant’s DUI “it was negligent by itself!”)
No need to prove breach of duty go to next question (“causation”)
CAUSATION: 2 TYPES
Causation in fact (“but for” causation): if Defendant was not that stupid, Plaintiff may not got injured
Proximate cause (foreseeability): Plaintiff’s injury is a type of injury that was foreseeable when Defendant committed the negligent act
DAMAGE
Damage must be realized & compensable
Estimation of damage Compensatory damage: Back to normal
condition Punitive damage: Giving a hard lesson to an
egregious defendant (very reprehensible fault)
DEFENSES: STATUTE OF LIMITATIONS
“Too bad, but you’re late”
A tort claim must be brought into court within a statute of limitation (ex. 3 years from injury)
DEFENSES: ACT OF GOD
“It was not me…” Must be a truly uncontrollable event Must have been unforeseeable
Baseball practice right before imminent thunderstorm
No defense available if it was foreseeable danger!
DEFENSES: CONTRIBUTORY NEGLIGENCE
“You have a dirty hand too” If the Plaintiff did not act reasonably to
protect herself, no recovery at all (e.g., jaywalk)
Even small fault negates complete recovery (harsh)
Abrogated in most states
DEFENSES: COMPARATIVE NEGLIGENCE
“You can only get what you are deserved”
Pure comparative negligence P’s damage is reduced in proportion to the P’s fault Example: 70% (P) & 30% (D) P may recover 30% of
damage
Modified comparative negligence No recovery at all if P’s fault exceeds a statutory limit
(ex. 50% of fault) Example: 51% (P) & 49% (D) No recovery
DEFENSES: ASSUMPTION OF RISK
“You came this town while you knew it was dangerous”
If it is an “open & obvious risk”
DEFENSES: LIMITS ON ASSUMPTION OF RISK
Limits of the defense
Not cover entire premise but only immediate area around the playing field + bleachers
Not for injury arising in the parking lot
Distraction doctrine: If risk is not inherently involved with the event no assumption of risk defense (see Lowe case in Module 4, p. 514)
DEFENSES: IMMUNITY
Governmental immunity
“The King doesn’t do anything stupid” From sovereign immunity (England) Federal Tort Claims Act: Allows tort action
except “discretionary functions” of its officers
DEFENSES: IMMUNITY
Charitable immunity Common law: charitable entities are immune from
tort liability Most states have repudiated the doctrine
Roberts v. TBBAA Fact: P injured at a soccer game while going to a
concession Rule:
- A charitable entity is immune from tort liability if injury arises from “an event integral to” the charitable event
- Concessions are integral to the event- Remanded: Lower court must decide whether P was
contributor (no defense) or beneficiary (defense accepted)
PARTICIPANT LIABILITY
Duty: Different status Breach of duty: Proving negligence Causation Damage
DEFENSES TO NEGLIGENCE CLAIM
Statute of limitations Act of God Contributory & comparative negligence Assumption of risk Immunity
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