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ERIC Number: ED177707
Record Type: RIE
Publication Date: 1979-Oct
Pages: 27
Abstractor: N/A
Reference Count: 0
Sports Law: Tort Liability of the College and University Athletic Department Administrator.
Nolte, M. Chester
A tort is an actionable wrong, other than breach of contract, that the courts will recognize and intervene to equalize. There are three questions the court will ask: Did someone owe someone else a duty? Was there a breach of duty owed? Was the breach the proximate cause of the plaintiff's injury? The grounds for injury actions may be classified as intentional acts, negligence, or strict liability, which involves being liable for an injury although one is not actually at fault. There are six categories of sports injury causes: (1) defective equipment, (2) lack of supervision or lack of adequate supervision, (3) absence of rules and regulations for establishing order and maintaining control of an activity, (4) conditions of the premises leading to an injury, (5) treatment or lack of treatment that makes an injury worse, and (6) miscellaneous factors, such as coaching error. The most common defenses include arguments that the accident was unavoidable, that the plaintiff contributed to his or her accident, that the plaintiff assumed risk when he or she chose to play the sport, and that the defendant is included under governmental or charitable immunity. (Author/IRT)
Publication Type: Speeches/Meeting Papers; Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Note: Paper presented at the Conference of Western College Men's Physical Education Society (Reno, NV, October 17-19, 1979)