Sport Law: Understanding Tort Liability, Negligence, and Damages in Sports, Slides of Law

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Sport Law

Tort Liability

• Tort — a private or civil wrong or injury, other than breach of contract, suffered due to another person's conduct
• Civil cases — duties owed to other members of society. In civil cases, the jury uses a "preponderance of the evidence” standard in making its judgment of guilty; usually involves monetary penalties; actions are not crimes.

Defenses against Claims

of Negligence

• Assumption of risk through voluntary participation — must know, understand, and appreciate risks
• Sovereign immunity — cannot sue the state
• Contributory negligence — damages are all or none if the injured person was responsible for some of the negligence
• Comparative negligence — apportionment of damages between the negligent individuals (plaintiff and defendant)

Types of Damages

• Compensatory damages — recompenses for

medical bills, lost wages, or other actual expenses due to the defendant's wrongdoing and associated with the injury

• Punitive damages — financial awards made

by the court as a deterrent to future misdeeds intolerable to society

Defamation — an Intentional Tort

• A false statement published to a third party that holds the subject up to public ridicule and results in financial loss - Libel — written publication of defamatory matter - Slander — spoken publication of defamatory matter - Malice or reckless disregard for the truth is required for defamation of a public figure
• Protection against claims of defamation
  • No reason to believe the statement was false
  • Person had a reason to make the statement to a person with a justifiable interest in knowing

Contract Law

• An agreement (may be oral or written) between two or more parties that is enforceable under law
• Requirements
  • Offer — a conditional promise
  • Acceptance — made by the party to whom the offer was made
  • Consideration — an exchange of value, such as money
  • Legality — underlying bargain must be legal
  • Capacity — ability to understand one's acts (minors cannot enter into contracts)
  • Precision — specificity of terms
• Breach of contract — failure to perform a duty

imposed under a contract Docsity.com

Constitutional Law

• Freedom of expression in religion, speech, the press, and invasion of privacy (1st Amendment)
• Unreasonable search and seizure (4th Amendment) — drug testing is a search
• Procedural due process — protect individual rights through the 5th and 14th Amendments to ensure that no person shall be deprived of life, liberty, or property without due process
• Equal protection (14th Amendment) for all races, ages, and genders
• State actor — is required to follow constitutional law, such as due process

Federal Laws Prohibiting Job

Discrimination

• Title VII of the Civil Rights Act of 1964 protects students and employees from discrimination in hiring, compensation, and conditions and privileges of employment based on race, color, religion, national origin, or sex.
• Equal Pay Act of 1963 protects males and females who perform substantially the same work in the same organization from sex-based wage discrimination.
• Age Discrimination in Employment Act of 1967 protects the employment rights of individuals who are 40 years or older.

Other Equity and Equality Laws

• Occupational Safety and Health Act (1970) mandates the standards for safety and health in organizations.
• Title IX of the Education Amendments Act of 1972 prohibits gender discrimination in educational programs sponsored by institutions receiving federal funds.

Final Policy Interpretations of 1979

• Financial assistance (scholarships) must be available on a substantially proportional basis
• Program areas so that males and females receive equivalent treatment, benefits, and opportunities , such as equipment and supplies and practice and competitive facilities
• Interests and abilities of male and female students are equally effectively accommodated

Criminal Laws

• In criminal cases, the jury uses "beyond a reasonable doubt" standard in making its judgment of guilty; may involve a jail sentence because these actions are crimes against legal statutes.
• Battery — unlawful application of force to a person resulting in bodily injury
• Sports bribery (fixes) — anti-racketeering

Antitrust Laws

• These laws promote competition through

regulation controlling the exercise of private economic power

• Sherman Antitrust Act of 1890
• Clayton Act of 1914
• 1922 — exemption of Major League Baseball
• NCAA v. Board of Regents of University of Oklahoma and University of Georgia Athletic Association — NCAA ruled a monopoly; NCAA could no longer control the televising of football

Product Liability

• Strict liability in tort — seller is liable when
  • Product had a defect that presents an unreasonable danger to the person
  • Defect existed at time of sale by manufacturer
  • Defect caused the injury
• Manufacturer and retailer have the duty to warn when the product danger is not apparent to the purchaser
• Warranty — guarantee of minimum quality acceptable in the trade even though unwritten (merchantability); failure to do this is a breach of warranty
• Disclaimer is the major defense again a breach of warranty — states how a product is to be used and states that it will not be responsible for injuries if the product is used in

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Sport Law Assignment

In numerous meetings with the former athletic director, female athletes claimed that athletic scholarships have not been provided to females on a substantially proportional basis, female athletes did not receive equivalent treatment, benefits, and opportunities, and the interests and abilities of females have not been fully and effectively accommodated as required by Title IX of the Education Amendments of 1972. As a result, a lawsuit was filed, and the institution was cited by the Office of Civil Rights for non-compliance with federal law. You have been hired to replace the fired athletic director. Describe the immediate, short-term, and long-term actions or changes that you will implement to ensure that your institution will begin to treat female athletes equitably.