Waivers 1
True or False: The general rule has long been that a waiver is a contract and a minor cannot be bound by a contract signed only by the minor.
True
Risk management + __________ = best defense
Insurance
This term refers to a contract where a participant agrees not to sue a provider for injuries caused by ordinary negligence.
Waiver
Failure to take reasonable care to avoid causing injury or loss to another person
Negligence
A person or organization’s responsibility for the harm caused to another due to negligence or failure to act appropriate
Legal Liability
A statement by which the provider proclaims that the provider is not liable for injury. It is often found on a ticket or on a sign, is not signed by the patron, and is usually ineffective
Disclaimer
This document gives permission for a minor to participate but does not protect against liability.
Parental Permission form
Waivers primarily protect providers from liability for this type of negligence.
Ordinary Negligence
Legal obligation to act in a reasonable way to prevent harm to others
Duty of Care
Informs the signer of the risks and benefits of a treatment or training program and secures participant’s consent to participate and assume the informed risks; provides no protection from liability for negligence.
Informed consent
Elements of a valid ___________
1. Mutual Assent
2. Consideration
3. Capacity
4. Legality
Waiver
True or False: Both the sports instructor and the sports official can be legally liable if he/she breaches a duty or obligation resulting in injury.
True
True or False: A minor can be bound by a waiver they sign themselves.
False
A key area of legal liability where injuries can be caused by defective equipment
Product Liability
Unwanted or harmful physical contact is
Assault/battery
The federal law that applies to activities on any navigable waterway.
Admiralty law
This type of liability arises when a sport provider fails to warn participants of known dangers.
Failure to warn
Electronic waivers must include this feature to ensure legal enforceability.
"I agree" box
a type of negligence that specifically involves injury happening on someone's property. (Unsafe facilities leading to injury)
Premises Liability
Based on recent legal analyses and case studies, who are the most frequent defendants in sport-related lawsuits?
Coaches and trainers
This term is often confused with “waiver” but usually refers to a settlement signed after an injury.
Release
Most fan injury cases fall under the legal principle of what? Meaning that when fans attend a sporting event, they implicitly accept certain known risks
Assumption of risk
Waivers are unenforceable if they conflict with this legal principle that protects the public interest.
Public Policy
This type of negligence involves extreme disregard for safety and is harder to waive.
Gross negligence
This process involves identifying and minimizing risks to reduce the chance of negligence claims.
Risk Management