Preview

Sport Management Liability and Negligence

Good Essays
Open Document
Open Document
1233 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Sport Management Liability and Negligence
1. Importance of Donoghue v Stevenson Case
The case established 3 things
The case established negligence as a wrongful act for which there was a legal liability.
The notion of duty of care was formed which if infringed would result in damage.
The neighbour principle was established by Lord Akins namely that your neighbour is anyone who may be affected by your acts or omissions.
Main points of Case (The details of this were)
Mrs Donoghue drank some ginger beer in which she found the remains of a snail in her bottle. Become ill and sued the manufacturer Mr. Stevenson.
Court (Lord Atkins- Judge for the case) stated that the manufacturer owed a duty of care to the customer.
As a result of this breach, the courts found, that Mr. S was liable to pay damages to Mrs. D in the duty of care.
So how is this relevant to sport? Sport organisers owe a duty of care, to anybody involved in the event, which is employees/ participants and spectators. They must be mindful of that duty, because any breach may result in being sued for damages.

2. Key terms addressed
These are the key terms in understanding negligence and liability. It is essential the sport organiser is familiar with them, because he or she has a responsibility to provide a safe environment for example. They must know what their duty of care encompasses and must know what would breach that duty. I am aware that the sport event organiser has a responsibility to the participants/ employees and spectators, but throughout this presentation I will be focusing on a number of cases, where sport event organisers were found liable for negligence towards spectators.

3. The role of a sport event organiser:
The sport event organiser duty of care encompasses three areas. 1. The minimisation of risks 2. Putting into place the appropriate safety measures. 3. And as far as possible to prevent an incident, and if one occurs to limit the damage.

4. Relevant

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Culpepper V. Weihrauch KG

    • 515 Words
    • 3 Pages

    Contributory Negligence Summary in Culpepper v. Weihrauch KG, ETC.UNITED STATES DISTRICT COURT, M.D. ALABAMA, NORTHERN DIVISION…

    • 515 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Shenendehowa Case Study

    • 774 Words
    • 4 Pages

    “A person who voluntarily participates in a sport or recreational activity assumes the risks which are inherent in and arise out of the nature of the sport generally and flow from such participation, including those risks associated with the construction of the playing surface and any open and obvious condition on it". However, “Participants in such activities will not, however, be deemed to have assumed concealed or unreasonably increased risks” (see Morgan v. State of New York, 90 NY2d 471, 486 (1997).…

    • 774 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Legt 1710 Assignment 1

    • 1249 Words
    • 5 Pages

    * Jones L Introduction to Business Law 1st, 2011, C11 the Tort Law of Negligence. P342…

    • 1249 Words
    • 5 Pages
    Better Essays
  • Better Essays

    As entities of an organized sport, maintaining a safe environment is within the scope of their duties. The defendants breached this duty by employing Nassar after he had been accused multiple times of sexual assault. By employing Nassar, they created an unsafe emotional and physical environment…

    • 1173 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Samantha Smith Case

    • 800 Words
    • 4 Pages

    In our case Samantha Smith had an accident in a retail store where she slipped on shampoo that had leaked from the bottle and suffered a broken hip. In her suite against the store Samantha claims the store is at fault; however, the store claims that Samantha failed to exercise due care while shopping and that she is partially to blame for the accident. The three articles below pertain to our case in one way or another.…

    • 800 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Law 531 Case 5.1

    • 1237 Words
    • 5 Pages

    Rules: The case was adjudicated on the basis of negligence law. Negligence is “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.” Among others, negligence law takes into consideration: duty of care, breach of duty of care, injuries caused by defendant’s negligent act(s), and the likes. (Cheeseman, 2013). A particular negligence law considered during this case was negligence per se.…

    • 1237 Words
    • 5 Pages
    Better Essays
  • Good Essays

    They sue the International Rugby Football Board arguing that the rule makers they are under a duty of care to all players in the sport in relation to the risk of injury, that this duty featured assumption of control and reliance by players (an identifiable class)Gleeson CJ:"When an obviously risky activity is engaged in, voluntarily, for pleasure, by an adult, how does a court determine whether a certain level of risk is unnecessary? … It cannot be the case that all avoidable risks have to be eliminated. … The suggested duty is of uncertain content.""The IRFBs lack of…

    • 9301 Words
    • 38 Pages
    Good Essays
  • Good Essays

    In the case of Niles vs. San Rafael, the primary issue at hand is negligence on the behalf of Mount Zion hospital, the City of San Rafael, the public school district, and pediatric physician Dr. David Haskins. Negligence, as it pertains to health care, is defined as a failure to act with reasonable care, and results in injury or detriment to any patient or other individual. In connection to a head injury Niles sustained while at a ball field, all of the previously named have been held liable for Niles’ permanently incapacitated state.…

    • 468 Words
    • 2 Pages
    Good Essays
  • Better Essays

    Many physical education teachers are being sued for negligence while on the job for what may seem to be petty reasons. Each and every year there are hundreds of reported cases that make it to court that pin responsibility and liability on the part of the teacher. Simple accidents occur such as a student not wearing proper athletic shoes or slipping on the gym floor, have resulted in trail cases. Other case studies put liability on the teacher for not explaining all the rules to floor hockey and in turn, a student breaking their nose in the process. These are just a few short cases that are becoming a recent…

    • 1690 Words
    • 7 Pages
    Better Essays
  • Satisfactory Essays

    Q2: Should the courts distinguish between different levels of participation in a sporting event when determining liability? Explain.…

    • 272 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples. How does the strict liability doctrine apply to the practice of accounting? Provide examples.…

    • 672 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    For applying contributory negligence, Bourque should assume the risk of Duplechin's collision. Nevertheless, Duplechin's action was unusual and unsportsmanlike conduct. A participant does not assume the risk of injury from fellow players acting in an unexpected or unsportsmanlike way with a reckless lack of concern for others…

    • 488 Words
    • 2 Pages
    Good Essays
  • Good Essays

    After scanning over the book and looking at the things my classmates have selected I chose to do Emergency Management. The book defines Emergency Management as “ the process of preparing for, mitigating, responding to, and recovering from an emergency” (Ammon, Southall, & Nagel, 2010, p205). Emergency management to me would be one of the most important jobs at a facility because this could mean life or death. 

Being in charge of emergency management means you are responsible for preparing for any kind of emergency ranging from severe weather to injuries to fans or the people competing. The person not only has to come up with a plan for every situation possibility but also has to test the plan to see if they work. If for some reason the plan is not successful then a new plan must be made. No matter the situation and how good the plan might be there always needs to be a backup plan just in case something might go wrong in the original plan. The person in charge has to make sure all employees are properly trained and know their duties in any emergency situation. There also needs to be an emergency medical response plan with trained people who can use automatic external defibrillators. 

Yes an event can run without emergency management if no emergencies take place but if one were to occur then things could get really ugly. Emergency plans are made to help save lives. Accidents happen every day but with a good emergency plan the damage the accidents cause can be cut down tons.…

    • 282 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Duty of Care

    • 1608 Words
    • 7 Pages

    In general, a practitioner owes to each of his children whilst under his control and supervision a duty to take reasonable care for the safety of the children. This involves attention, watching out for anything that can go wrong, prevention and making wise choices about steps taken in a role. Frequently, if a duty of care is not met in a role that requires it, then the responsible person can be held accountable for allowing negligence to occur.…

    • 1608 Words
    • 7 Pages
    Good Essays
  • Good Essays

    irac- negligence

    • 387 Words
    • 2 Pages

    Negligence is defined as persons or business’s actions that make them liable to foreseeable consequences of their actions. There are certain steps that the plaintiff needs to prove negligence on the defendant’s behalf. These elements are duty of care, breach of this duty of care, plaintiff suffered injury, defendant caused the injury, and it was the proximate cause for the plaintiffs’ injury (Cheeseman, 2013).…

    • 387 Words
    • 2 Pages
    Good Essays

Related Topics