In addition to reckless and intentional action that results in injury, amateur coaching decisions, recommendations, and strategies can lead to injuries and can be considered elements of avoidable risk, constituting a breach of duty based on the expectations of the participants (Fitzgerald 2005). Breach can also occur, of course, through the intentional or reckless behavior of sports participants that shows a disregard of the basic rules and expectations of the sport beyond mere negligence (Saywer 1997; Abramson et al. 2010). Sports physicians may also be found in breach of their medical duties if pre-participation screenings are not thorough enough (Kane & White 2008).
Heat illnesses, as might be expected at this point, almost never constitute a breach of duty, as it is wholly within the participant's power to assess and respond to their condition during any activity, whether an organized sports activity or otherwise. Likewise, spinal cord injuries and concussions could possibly result from a breach of duty, as in a tackle occurring in a generally non-contact sport such as baseball, but again a case-by-case assessment of such injuries is necessary, and the extent of the injuries themselves cannot constitute evidence of any breach, recklessness, or intentionality in the injurious act.
Assumption of Liability and Risk
The most profound and far-reaching element of legislation and case law regarding sports injuries is the desire to encourage the active participation in sports activities, and it is for that reason that ordinary standards of care and negligence have been deemed legally insufficient standards of liability, with the participants themselves assuming liability for any and all inherent and foreseeable risks that might arise out of their participation (Sawyer 1997; Kane & White 2008). In most cases, the assumption of risk is implied in participation...
LEGAL ISSUE, STRUCTURE, and ANALYSIS A. LEGAL ISSUES-LIMITED PARTNERSHIP. According to Black's Law Dictionary (1991), a limited partnership is a "type of partnership of one or more general partners who manage business and who are personally liable for partnership debts, and one or more limited partners, who contribute capital and share in profits but who take no part in running business and incur no liability with respect to partnership obligations beyond contribution"
259). These authors assert that crowd management and crowd control constitute two additional vital issues that athletic facility management needs to address when hosting events at any stadium or venue. Event managers also need to understand the type of event(s) they host and understand that variuos events draw different types of crowds, as no two crowds are alike and each crowd typically behaves in different manners. Abbott and Geddie (2001)
Legal Aspects and Considerations "Coaches should pursue opportunities for professional development to keep abreast of best practices, safety, and legal issues within their chosen sport(s)" (Schaefer, 2008, Risk Management Tips Section, ¶ 5). Challenges for Coaches During 2006, Bill Baker, a Sahuarita High School football coach in Chandler, Arizona resigned from his coaching position following a 2005 post-game incident which involved him and a player the previous fall. In the newspaper account, "Coach
Legal Definitions Miranda Rule -- Prohibits the introduction of any testimonial evidence elicited from criminal suspects while under arrest or in police custody unless police first advise them of their constitutional rights to remain silent, refuse to answer questions, and to be represented by an attorney before beginning any custodial interrogation. I have heard this term used frequently in television crime programs. Prosecutor -- Is an attorney employed by the state whose
, 2003, p. 3). Conclusion The research showed that the use of various performance-enhancing substances is not new, but the controversies associated with the use of anabolic steroids, particularly by young athletes, has assumed increasing importance in recent years. More and more studies have shown that the use of these substances typically begins during the formative adolescent years, a practice that can have lifelong consequences in terms of physical problems and growth
IRAC approach to legal issue, the first stage in assessing any case is the identification of the issues, before the identification of rules and their application which are used to reach a conclusion. This paper identifies five of the issues in four cases. It is possible there may be more than five in each case. Issues are usually phrased as questions. Case A Did Glen owe Miguel and Jack a
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