Law and Order
The Fine Print
To Sue or Not to Sue
Because I'm the Leader
Who Wants to be a Lawyer?
100
Theft, sexual assault, and driving violations are all examples of this type of law
What is criminal?
100
This type of form is used to document treatment of an injury for insurance needs, provide agency statistics and to assist in legal situations. It should include just the facts, be well designed and include witness info.
What is Accident/Incident Report
100
This term describes an act that results in personal injury to another on his or her property. Typically refers to a situation where an individual was careless in the course of her or his duties resulting in an injury to another party.
What is Negligence
100
The leader acts in the place of the parent or guardian in the care and safety of a minor. What is this called?
What is In loco parentis
100
Jane the activity director at a local rec department is in charge of 7-9 year soccer camp. She has the kids doing drills on the fields and leaves to go to her car and get her cell phone. A kid suffers a broken collarbone while she is gone. Is this negligence? Why or why not?
Yes, rule of 7 applies, she didn’t perform her duty, she didn’t follow standard of care, there was an injury, and her lack of supervision caused the injury.
200
Jane is walking down the sidewalk on a winter day in front of the recreation department, one section has not been cleared of ice. She slips on that section and breaks her arms. If she sues the recreation department, this is an example of what type of law?
What is tort
200
This type of form protects privacy and property interests. Permissions must be gained prior to publishing photographs or video where individuals may be identifiable. Failure to do so could result in a lawsuit based on invasion of privacy.
What is Media Release
200
For negligence to exist, these 4 elements must be present. Name them.
What is Duty Act/standard of care Proximate cause Injury/damage
200
If a question of negligence arises, leaders will be measured against a standard of reasonable and prudent professional. One such area is competency, what is it and give at least 3 examples.
What is qualifications to perform their duties. Includes knowledge, age, experience, credentials and attentiveness to duty a. knowledge b. age: some certifications have specific requirements c. experience d. credentials; certifications e. attentiveness to duty
200
Phillip is chaperoning a group of boy scouts aged 14-16 on an overnight to a state park. He lets them go to the bath house by themselves and the scouts end up starting a water fight and damaging the showers. Is Phillip liable for the action of the scouts?
Yes, he was in loco parentis and he was negligent in terms of misfeasance.
300
Intentional acts against the public at large addressed in the state and federal penal code. They are followed up in the criminal court system, someone is arrested punished. What type of law?
What is criminal law
300
This type of form requires participants to give medical and insurance information plus permission to treat. It should be readily available and is needed for extended activities, travel and special needs.
What is Medical History or Health history form
300
This element of negligence refers to an obligation to another individual based on a legal relationship. For negligence to exist there must be a violation or breach of this element. What is it and give an example.
What is Duty Teacher to students Parent to children
300
To ensure safe conditions, three types of supervision are utilized in situations. What are the 3 elements and give an example of each.
What is General: coach of a team, teachers at a playground, chaperone to a museum, ration is 1:20 Transitional: moving from one activity to another or from one place to another Specific: one on one supervision, spotting on a ropes course, climbing, higher risk for injury
300
Julie is a recreational therapist for a substance abuse clinic. One of her patients can be very vocal and physical during activity sessions. One day the patient screams at Julie and punches her in the head. Julie yells back and physically restrains the patient until another staff member can assist. The patient’s family wants to sue the facility for assault and battery. Do they have a case? Why or why not?
No, Julie was physically restraining a patient that was out of control, which is in the confines of her duties. The yelling may not have been appropriate but may have been necessary to be heard.
400
This type of law deals with civil issues, involves both intentional and unintentional acts based a breach of some type of contract. Issues lead to lawsuits through which people seek to be compensated for loses they have occurred.
What is tort law
400
This type of form documents that participants know and understand the inherent hazards and possible injuries of participating in an activity. What type of form is it and give three items that should be included?
What is Assumption of Risk/Agreement to participate To be useful, this form should describe in detail the nature of the activity, the expectations of the participants, and the information about potential hazards. Information about participant expectations should also be included, skill level, physical condition, health, etc.
400
This element of negligence refers to the actual cause of the injury or damage. For negligence to be attributed to an action, it must be shown that the injury was a direct result of the action. What is it and give an example.
What is Proximate cause
400
To ensure safety leaders need to have knowledge of the three areas, what are they and give an example of each.
What is 1. knowledge of participants a. developmental abilities (age, maturity, coordination, physical size) Adults with mental retardation b. previous experience (intelligence, knowledge base, skills) May need more than a self-report test, actual physical test of abilities c. Physical condition (obesity, recent illnesses and injuries) d.Physical and emotional capabilities 2. knowledge of the activity a. rules and level of skills needed (can communicate and enforce rules) b. actual instruction and safety needs (information about potential hazards) c. sequencing and progression (basic to more complex) 3. Knowledge of the environment a. playing area (outdoor area, playing fields/surfaces) b. equipment (inspect, repair)
400
Ted’s Excellent Adventure Camp takes teens aged 13-17 on whitewater rafting, caving and cycling trips which last 3-4 days. Name all of the types of paperwork Ted needs to limit liability and explain why he needs them.
Medical History, emergency contact info Release/waiver Assumption of risk Parental permission Media release Accident/incident report form Supervision plan
500
To understand the level of care we owe participants it is important to be aware of the “Rule of Seven”, what is it?
What is Rule of Seven *children under the age of 7 are not responsible for their own welfare. They are considered too young and immature to recognize dangerous situations. Thus, leaders have a tremendous legal responsibility to these youngsters. *children between 7-14 are considered partially responsible for their own well-being. They can understand some warning signs and can extrapolate potential dangers in many situations. *youth ages 14-18 or 21, are mostly responsible for their own welfare. This age group has enough experience and intellectual capacity to understand risks and hazards.
500
By signing a release/waiver form what does the participant indicate that they understand, how long should one of these forms be kept on record and is it considered valid in a court of law?
What is Based on contract law. By signing a release or a waiver, the participant indicates that she or he knows and understands the risks involved in the activity, chooses to engage in the experience despite the risks and then through this contract, agrees not ot hold the leader and agency liable for negligence. In most cases, as long as the contract was entered into legally and the language was clear and unambiguous, the waiver or release will be considered valid. Should be kept minimum of 5 years.
500
Explain what omission and commission are in regards to negligent acts. Give an example of each.
What are Negligent acts. May occur due to acts of omission, where a leader does not do something she or he should do. Or acts of commission, where a leader either does something she or he should not do, or does something she or he is supposed to do, but incorrectly.
500
What is nonfeasance, misfeasance and malfeasance? Define and give an example of each.
What is Nonfeasance: implies neglect of duty or not doing something one should. Perceived as passive negligence because it results out of un-involvement, a leader does not do something they should do or they neglect their duties all together. Examples: not keeping up with routine facility maintenance which results in an injury, abandoning a group you have responsibility for (even for a short time) and someone gets hurt. Misfeasance: those acts whereby a leader did not exercise due care for the rights of the participants. This type of breach of duty includes both a failure to act when one should have as well as the improper conduct of an act. Example: campers engage in fist fight, and counselors rest nearby ignoring it. Another example: a rec therapist used an incorrect technique to transfer an individual with a disability and they fell to the fall suffering a broken leg. Transfer act was appropriate but done incorrectly. Malfeasance: doing something that one ought not to have done and which may also be illegal. Such as a leader slapping a participant who used foul language. Striking an individual is an unacceptable practice, unlawful and should not be done.
500
Jenny teaches a yoga class at the local senior center. She has to leave on a business trip and finds a substitute to teach her class. The sub has been taking yoga for about 2 years but has not certification or formal training. During the week Jenny is gone, two of her participants are injured. One dislocates her shoulder requiring surgery, one aggravates a herniated disc in his back. If the participants went forward with a lawsuit could they prove negligence, why or why not?
Yes.Duty: Jenny should have found a qualified sub. Act/Standard of Care: sub was not certified or trained, may have led contraindicated movements. Proximate cause: if they can prove the yoga moves caused the injuries Injury/damage: physical injury plus medical costs and possible time loss from work.
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