What is the D.I.M Process?
D – Developing the risk management plan
I – Implementing the risk management plan
M – Managing the risk management plan
Something one should have done but did not do?
What is an Act of Omission
Risks integral to the activity; risks that if removed would essentially alter the nature of the sport or activity
What is Inherent Risk?
What are the branches of government?
Legislative Branch, Executive Branch, and Judicial Branch
Intended to restore the injured party to their position prior to the injury
What are Compensatory Damages?
Name the three stages of Developing a Risk Management Plan
Identifying the Risks
Classifying Those Risks
Selecting Methods of Treatment
How many elements of negligence are there?
Produces an event without which the event would not have occurred.
What is the Proximate Cause?
What is the South Carolina statute §52-19-20 all about?
Bungee Jumping
What is the second stage in identifying the risk?
What is to classify the risk
What are the 4 methods of treating risk once it has been identified?
Avoidance, Transfer, Retention, and Reduction
Name the Elements of Negligence
Duty, Breach of Duty, Damage or Injury, and Proximate Cause
Give an example of a breach of duty
........
What branch carries out the law?
What is the Executive Branch?
Intended to punish the wrongdoer for outrageous conduct and deter such acts in the future
What is Punitive or Exemplary Damages?
What are the two types of risks?
Risk of Financial Loss
Risk of Personal Injury
Something that one did but should not have done?
Act of Commission
When a provider increases the risks by negligent actions
What is Ordinary Negligence?
The collective body of case law is called
What is Common Law?
To what extent did the professional anticipate the accident or incident
What is Foreseeable risk?
What is mandated for all fitness facilities to have?
What is an AED
Name the three sources of duty
Inherent relationship, Voluntary assumption, and Mandated by statute
Gross negligence, reckless misconduct, and willful and wanton misconduct
What is Aggravated Negligence?
In case law briefings, what does FIRAC stand for?
What is Facts, Issues, Ruling, Analysis, and Conclusion?
To determine whether the duty has been breached, ask the following 3 questions
What are the types of risks, what is reasonable care, and was the risk foreseeable?