Legal Framework
This type of statute generally protects public employees from negligence claims.
What is governmental immunity?
The four elements of negligence are duty, breach, causation, and this.
What is damages?
The tort of assault can occur without this.
What is physical contact?
The D.I.M. Process is a tool for creating this.
What is a risk management plan?
This case held that foreseeable risks in an amusement ride were assumed by participants.
What is Murphy v. Steeplechase?
About 96% of civil lawsuits end this way.
What is settlement?
A duty of care can arise from three origins. Which of the following is not one: relationships, policies, statutes, or personal opinion?
What is personal opinion?
An ice hockey player striking an opponent from behind with a stick is an example of this.
What is battery?
Risk reduction is proactive and considered this in the treatment process.
What is preventative?
This soccer case set the precedent that players must refrain from reckless or intentional conduct.
What is Nabozny v. Barnhill?
This concept sets a time limit on when a legal claim can be filed.
What is the statute of limitations?
Under modified comparative negligence, if a defendant is found 30% at fault, this happens to their damages.
What is reduced by 30%?
A team may be held responsible for an employee’s intentional torts under this legal theory.
What is respondeat superior?
Risk classification is based on these two factors.
What are frequency and severity?
This case examined whether a coach assumed the risk while protecting players during a football game.
What is Home v. North Kitsap?
In addition to trial courts, all state court systems also have these.
What are appellate courts?
A service provider using waivers, participant agreements, and inspections is practicing this defense strategy.
What is risk transfer or assumption of risk?
This absolute defense protects a person from liability for defamation.
What is truth?
This risk treatment method is considered the “last resort.”
What is avoidance?
This case involved a middle school football player who was injured when a coach unexpectedly body-slammed him during instruction, raising issues of consent and battery.
What is Koffman v. Garnett?
The U.S. Supreme Court can only hear a case if this is requested and granted.
What is a writ of certiorari?
This element of negligence is proven when an act naturally, directly, and uninterruptedly causes an injury
What is proximate cause?
This element distinguishes intentional torts from negligence.
What is intent?
An organized, thorough, consistent method of this is integral to any risk management, legal audit, or facility audit.
What is documentation?
This case is often cited for the phrase, “the timorous should stay at home.”
What is Murphy v. Steeplechase?