Legal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe

Size: px
Start display at page:

Download "Legal Liability in Recreation Site Management. Legal Climate. Classification of Legal Liability RRT 484. Professor Ed Krumpe"

Transcription

1 Legal Liability in Recreation Site Management RRT 484 Professor Ed Krumpe 1 Legal Climate Sovereign immunity is basically dead. Lawsuits are part of normal operations & we cannot prevent them. Injuries cannot be eliminated from recreation and people will sue for the slightest injury. Public assumes gov t. has deep pockets & everyone gets sued. Professionals must learn to manage legal liability & risk. 2 Classification of Legal Liability Legal Liability CRIMINAL CIVIL PROPERTY Larceny, Arson Burglary, Trespass PERSONS Assault, Battery Rape, Murder TORTS Intentional, Nuisance Negligence, Strict, Federal CONTRACTS 3 1

2 Criminal vs Civil Liability Criminal Liability--A crime is an act committed or omitted in violation of a public law. Government seeks redress for the crime through criminal proceedings. These are not concerned with compensating the victim but rather with protecting the public interest by punishing the offender. 4 Criminal vs Civil Liability Tort Liability--A tort is a civil wrong. Civil liability is based on a breach of a legal duty or a breach of contract. The field of torts focuses upon the compensation of individuals for losses which they have suffered in respect to their legally recognized interests. 5 3 Key Elements of Torts Tort law involves wrongs & compensation. Three elements must be shown to determine whether an act constitutes a tort: 6 2

3 3 Key Elements of Torts 1 Breach of a legal duty. 2 A causal connection between the breach of duty & the injury. 3 An actual injury or damage to the person or property. 7 Negligence Is an unintentional breach of a legal duty causing damage reasonably foreseeable without which breach the damage would not have occurred. (The failure to act as a reasonably prudent person which results in an injury.) 8 Negligence requires 4 Elements 1 A Duty A duty or obligation recognized by the law requiring a person to conform to a certain standard of conduct for the protection of others against unreasonable risks. 9 3

4 Negligence requires 4 Elements 1 A Duty 2 The Act A failure on the part of such person to conform to the standard required. 10 Negligence requires 4 Elements 1 A Duty 2 The Act 3 Proximate Cause A reasonably close causal connection between the conduct (failure to conform to appropriate standard) and the resulting injury. 11 Negligence requires 4 Elements 1 A Duty 2 The Act 3 Proximate Cause 4 Damages Actual loss or damage to the interests of another. 12 4

5 The Reasonable and Prudent Man Standard Remember--the prosecution will attempt to convince the jury that: you failed to act as a reasonably prudent person, and you failed to conform to the expected standard of care. 13 A Special Case of Duty Doctrine of In Loco Parentis The individual or agency which is providing for a child stands in the place of a parent and is charged with a parent s rights, duties, and responsibilities. Applies only to matters of conduct and discipline--not to negligence related to the activity in which the child is engaged. 14 A Special Case of Duty Doctrine of In Loco Parentis A camp, school, recreation center, etc. when they accept children assume certain parental responsibilities and must act in relation to the child as the reasonably prudent parent would, protecting the child from dangers and from engaging in selfinjury and irresponsibilities 15 5

6 3 Categories of Visitors & Standard of Care The legal duty and standard of care owed to visitors by landowners is generally determined by the status of the visitors: VISITOR STANDARD OF CARE OWED 1. Invitee most protection 2. Licensee moderate protection 3. Trespasser minimal protection 16 Invitees An invitee is either a public invitee or a business visitor. A public invitee is a person who is invited to enter or remain on land as a member of the public for a purpose for which the land is held open to the public. (visitors) A business invitee enters for business purposes. (concessionaires) 17 Licensees A licensee is anyone who enters the premises with the owner s express or implied consent to satisfy his own purposes rather than for the mutual benefit of himself and the owner. 18 6

7 Trespassers A trespasser is one who enters upon the premises of another with neither permission nor invitation. 19 Invitees The invitation extends only to those uses for which the land, park, or recreation facility was established. Invitation applies to time and space. Swimmers during pool hours = Invitees Swimmers after pool hours = Trespassers Swimmers in the filter room = Trespassers 20 Invitees--duty of care owed 1. Keep the premises in safe repair. 2. Inspect the premises to discover hidden hazards. 3.Remove hazards or warn of their presence. 4. Anticipate foreseeable uses & activities & take reasonable precautions to protect the invitee from foreseeable dangers. 5. Conduct operations on the premises with reasonable care for the safety of the invitee. 21 7

8 Licensees--duty of care owed 1. To keep the facility in reasonably safe condition and to warn of hidden dangers. 2. There is no duty to inspect the facility to discover hidden dangers or to warn of obvious and known dangers. 3. A licensee is presumed to take the premises as he finds them with all known and obvious dangers. 22 Trespassers --duty of care owed A possessor of land owes an adult trespasser no general duty of care, except to avoid injuring the trespasser through intentional or reckless misconduct. Where a trespasser is discovered, reasonable care must be exercised to warn him of dangerous hidden artificial conditions. electrical, chemical, or mechanical hazards, etc. (and no bobby traps!) 23 Attractive Nuisance--trespassing children A greater duty of care is imposed when the trespasser is a child. Owner may be liable if children s presence should have been reasonably anticipated, & there is a likelihood that a child would be enticed by the artificial condition, & because of their youth, they do not discover the condition or realize the risk involved. 24 8

9 Risk Management--Supervision 1. Inspecting the facility. 2. Proper planning for an activity. 3. Providing adequate & proper equipment. 4. Evaluating participants abilities & skill. 5. Warning of inherent dangers in the activity. 6. Instructing in the proper techniques. 7. Closely controlling the conduct of the activity. 8. Providing first aid & access to medical treatment Negligence Defenses Contributory negligence Comparative negligence Assumption of risk Waiver or release 26 Negligence Defenses Contributory negligence Conduct by the injured contributing as a legal cause of the harm he has suffered, which falls below the standard to which he is required to conform for his own protection. (It s their own fault they got injured!) Comparative negligence Assumption of risk Waiver or release 27 9

10 Negligence Defenses Contributory negligence Comparative negligence Assigning the proportion of fault among the plaintiff & defendant. (e.g.. the injured person s actions caused 60% of the fault for the injury & the ranger s actions caused 40%.) Assumption of risk Waiver or release 28 Negligence Defenses Contributory negligence Comparative negligence Assumption of risk If a person is cognizant of a risk or hazard & voluntarily continues with an activity & is thereby injured it is presumed that he assumed the risk of harm. Danger must be known & obvious & the person must voluntarily agree to the risk. Waiver or release 29 Negligence Defenses Contributory negligence Comparative negligence Assumption of risk Waiver or release Requiring participants to agree in writing to assume all risks & release the agency from liability & to indemnify and save harmless from same (to forego a claim or an action for damage)

11 Waiver or Release Release forms used by public agencies are invalid when: Contrary to public policy, Ambiguities in the agreement make it difficult to determine extent of rights being waived, and Minors or their parents sign the release. Participant must be informed, risk must be understood, & signing must be voluntary. 31 Risk Treatment Methods Risk Avoidance Risk Reduction Risk Retention self-insurance assumes some risk & some losses Liability Insurance Insurance only protects the agency from financial loss arising from a claim. 32 IOGA Guide to Risk Management & Loss Prevention Think Plan Put it in Writing! Follow the plan. Document your actions

Chapter 11 Torts in the Business Environment

Chapter 11 Torts in the Business Environment Chapter 11 Torts in the Business Environment Tort a civil wrong not arising from a breach of contract. A breach of a legal duty that proximately causes harm or injury to another. Two notions serve as the

More information

Chapter 7 Tort Law and Product Liability

Chapter 7 Tort Law and Product Liability Chapter 7 Tort Law and Product Liability Chapter Outline 1. Introduction 2. The Basis of Tort Law 3. Intentional Torts 4. Negligence 5. Cyber Torts: Defamation Online 6. Strict Liability 7. Product Liability

More information

Contributory negligence. comparative negligence. Last clear chance Assumption of risk

Contributory negligence. comparative negligence. Last clear chance Assumption of risk Chapter 17 A defense is the response of a party to a claim of another party, setting forth the reason(s) the claim should be denied. Overview of comparative negligence comparative negligence Contributory

More information

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others.

Defendant has a duty to act as a reasonable person would in like or similar circumstances to avoid causing unreasonable risk of harm to others. NEGLIGENCE (Heavily Tested) (Write On the Bar): In order for Plaintiff to recover in Negligence, she or he must plead and prove: DUTY, BREACH OF DUTY, ACTUAL CAUSATION, PROXIMATE CAUSATION, AND DAMAGES.

More information

Sports injuries & the law. An introduction to the law of negligence & occupiers liability

Sports injuries & the law. An introduction to the law of negligence & occupiers liability Sports injuries & the law An introduction to the law of negligence & occupiers liability 2 Defining the law of negligence Negligence Is a duty of care owed by D to C? Has D breached the duty of care owed

More information

Canadian Law 12 Negligence and Other Torts

Canadian Law 12 Negligence and Other Torts Canadian Law 12 Negligence and Other Torts What is Negligence? Someone who commits a careless act that creates harm to another person is negligent. Over the past several years, negligence has become the

More information

LIABILITY 2010 AGRI-TOURISM IS IT FOR YOUR FARM OR RANCH?

LIABILITY 2010 AGRI-TOURISM IS IT FOR YOUR FARM OR RANCH? LIABILITY 2010 AGRI-TOURISM IS IT FOR YOUR FARM OR RANCH? Kathie Troudt Riley Practice emphasis includes agricultural and rural law issues Loveland law office 150 East 29 th Street, Suite 265, Loveland,

More information

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher?

LEGAL ISSUES. Why should I learn about legal issues? How am I liable? What are my responsibilities as a teacher? LEGAL ISSUES Why should I learn about legal issues? School administrators are typically the only personnel to receive training in classroom liability issues, yet teachers have the most responsibility for

More information

SPORTS LAW TERMS AND DEFINITIONS

SPORTS LAW TERMS AND DEFINITIONS SPORTS LAW TERMS AND DEFINITIONS A Agreement to Participate. A document used to inform sports, recreation and fitness participants of the nature of an activity, the risks involved, and the behaviors expected

More information

Premise/ Livestock Liability Issues

Premise/ Livestock Liability Issues Premise/ Livestock Liability Issues Disclaimer This presentation is solely intended to provide legal information to the public. Nothing from this presentation is intended to provide legal advice. The legal

More information

Premises Liability for Third Party Crime (Full Article)

Premises Liability for Third Party Crime (Full Article) Premises Liability for Third Party Crime (Full Article) Owners and managers of commercial property (including leased residential properties) can be held liable under civil negligence claims for harm to

More information

Chapter 4 Crimes (Review)

Chapter 4 Crimes (Review) Chapter 4 Crimes (Review) On a separate sheet of paper, write down the answer to the following Q s; if you do not know the answer, write down the Q. 1. What is a crime? 2. There are elements of a crime.

More information

Unintentional Torts - Definitions

Unintentional Torts - Definitions Unintentional Torts - Definitions Negligence The failure to exercise the degree of care that a reasonable person would exercise that results in the proximate cause of actual harm to an innocent person.

More information

LIABILITY UNDER THE TEXAS TORT CLAIMS ACT. Sovereign Immunity

LIABILITY UNDER THE TEXAS TORT CLAIMS ACT. Sovereign Immunity LIABILITY UNDER THE TEXAS TORT CLAIMS ACT By: Richard Evans Staff Attorney Texas Municipal League Intergovernmental Risk Pool The King Can Do No Wrong Sovereign Immunity Under common law, state and political

More information

Professional Practice 544

Professional Practice 544 February 15, 2016 Professional Practice 544 Tort Law and Insurance Michael J. Hanahan Schiff Hardin LLP 233 S. Wacker, Ste. 6600 Chicago, IL 60606 312-258-5701 mhanahan@schiffhardin.com Schiff Hardin LLP.

More information

Session 30. Tort Law 2 Negligence and intent

Session 30. Tort Law 2 Negligence and intent Session 30 Tort Law 2 Negligence and intent Negligence and intent Negligence occurs when the following three conditions are satisfied The action is unintentional The action is unplanned An injury results

More information

Personal Injury Laws

Personal Injury Laws CHAPTER 6 Chapter 6 Slide 1 Personal Injury Laws Lessons 6-1 Offenses Against Individuals 6-2 Intentional Torts, Negligence, and Strict Liability 6-3 Civil Procedure LESSON 6-1 Chapter 6 Slide 2 Offenses

More information

PREMISES LIABILITY INSTRUCTIONS Introduction

PREMISES LIABILITY INSTRUCTIONS Introduction PREMISES LIABILITY INSTRUCTIONS Introduction Premises Liability Instructions may be used in cases involving injuries resulting from the condition of property. The primary revision to the Premises Liability

More information

An act can be both a crime and a tort. Example reckless driving resulting in an accident

An act can be both a crime and a tort. Example reckless driving resulting in an accident How Do Crimes and Torts Differ? A crime is an offense against society. It is a public wrong. A tort is a private or civil wrong. It is an offense against an individual. If someone commits a tort, the person

More information

Civil Law and Procedure

Civil Law and Procedure Chapter 5 Civil Law and Procedure Business Law Ms. Turner Crime Offense against society Tort Private or civil wrong; offense against an individual Can sue to receive money damages Can be both a crime and

More information

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010

Defense of State Employees: LIABILITY AND LAWSUITS. UNCW Office of General Counsel January 2010 Defense of State Employees: LIABILITY AND LAWSUITS UNCW Office of General Counsel January 2010 COMMON CAUSES OF ACTION (or what could we be sued for) Tort claims Contract claims Discrimination/Harassment

More information

Waiver, Release of Liability and Assumption of Risk Agreement. Before any potential claims can be assessed, the Waiver,

Waiver, Release of Liability and Assumption of Risk Agreement. Before any potential claims can be assessed, the Waiver, Waiver, Release of Liability and Assumption of Risk Agreement Before any potential claims can be assessed, the Waiver, Release of Liability and Assumption of Risk Agreement must be addressed. In ND, contracts

More information

Minnesota Personal Injury Law: Car Accidents

Minnesota Personal Injury Law: Car Accidents 2009 Minnesota Car Accidents Laws/Statutes Statutes are laws that apply to all citizens and cover a variety of topics, including the following: the legislature, the executive branch, state departments,

More information

LIABILITY UNDER THE TEXAS TORT CLAIMS ACT

LIABILITY UNDER THE TEXAS TORT CLAIMS ACT LIABILITY UNDER THE TEXAS TORT CLAIMS ACT By: Richard Evans Staff Attorney Texas Municipal League Intergovernmental Risk Pool The King Can Do No Wrong 1 Sovereign Immunity Under common law, state and political

More information

In order to establish a prima facie case of negligence, one must determine that the

In order to establish a prima facie case of negligence, one must determine that the In order to establish a prima facie case of negligence, one must determine that the following four elements are established: 1.) P must have suffered an injury and must demonstrate that the injury was

More information

2011 Arkansas Agritourism Initiative Legal Protections Against Risk

2011 Arkansas Agritourism Initiative Legal Protections Against Risk 2011 Arkansas Agritourism Initiative Legal Protections Against Risk Harrison Pittman Director NATIONAL AGRICULTURAL LAW CENTER University of Arkansas www.nationalaglawcenter.org www.nationalaglawcenter.org

More information

Key Concept 4: Understanding Product Liability Law

Key Concept 4: Understanding Product Liability Law Key Concept 4: Understanding Product Liability Law Suppose that you are the president of a firm making products for sale to the public. One of your worries would be the company's exposure to civil liability

More information

NEGLIGENCE. The elements of negligence: (Unintentional Torts) Pay attention the last slide is a three-question test!

NEGLIGENCE. The elements of negligence: (Unintentional Torts) Pay attention the last slide is a three-question test! NEGLIGENCE (Unintentional Torts) Pay attention the last slide is a three-question test! hahahahaha The elements of negligence: * Duty of Care * Breach of that Duty * Damage, Loss or Injury * Causation

More information

Oklahoma Tort Claims Act. Overview 2009

Oklahoma Tort Claims Act. Overview 2009 Oklahoma Tort Claims Act Overview 2009 What is a Tort? The name itself lends nothing to understanding what they are about, but they do mean a lot to everything that happens in our lives. Most people probably

More information

Declarations. INSU 2500 Chapter 9 CHAPTER 9. Common Elements of Insurance Contracts. Insuring Agreement Example

Declarations. INSU 2500 Chapter 9 CHAPTER 9. Common Elements of Insurance Contracts. Insuring Agreement Example Declarations INSU 2500 Chapter 9 October 10, 2006 Facts of Policy Usually first page of an insurance contract contains such things as: Identifies the insurance company Identifies the named insured Policy

More information

vs. JURY TRIAL DEMANDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff JAMES SCHAIRER, by and through undersigned counsel, hereby sues

vs. JURY TRIAL DEMANDED COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff JAMES SCHAIRER, by and through undersigned counsel, hereby sues IN THE CIRCUIT COURT OF THE th 16 JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. JAMES SCHAIRER, individually, Plaintiff, vs. JURY TRIAL DEMANDED PAUL KERCHER,

More information

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS. Lecturer: Judith Robb-Walters Lesson 8

ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS. Lecturer: Judith Robb-Walters Lesson 8 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS Lecturer: Judith Robb-Walters Lesson 8 ASPECTS OF CONTRACT AND NEGLIGENCE FOR BUSINESS LO 2: Understand principles of liability in negligence in business

More information

UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3).

UNIT 2 TORT LAW. wrong committed by from the French word meaning. Someone has suffered an personal injury through 1) ; 2) ; 3). UNIT 2 TORT LAW 1 OBJECTIVE: DIFFERENTIATE BETWEEN CRIMES AND TORTS AND DEVELOP A STUDENT UNDERSTANDING OF NEGLIGENCE. NBEA STANDARD I: DIFFERENTIATE BETWEEN CLASSIFICATIONS OF PROCEDURAL LAW, AND DIFFERENT

More information

A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring

A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring A Guide to Employer Liability in Maryland: Principles of Agency and Negligent Hiring Prepared by the Job Opportunities Task Force and the Homeless Person s Representation Project For more information,

More information

Energy-Related Litigation: Personal Injury

Energy-Related Litigation: Personal Injury Energy-Related Litigation: Personal Injury FOLLOW STEPTOE & JOHNSON ON TWITTER: Follow @Steptoe_Johnson ALSO FIND US ON http://www.linkedin.com/companies/216795 http://www.facebook.com/steptoe.johnson

More information

WAIVER OF LEGAL RIGHTS TO SUE OR MAKE CLAIM FOR INJURY WITH ARBITRATION CLAUSE AND ASSUMPTION OF THE RISK AND RELEASE

WAIVER OF LEGAL RIGHTS TO SUE OR MAKE CLAIM FOR INJURY WITH ARBITRATION CLAUSE AND ASSUMPTION OF THE RISK AND RELEASE WAIVER OF LEGAL RIGHTS TO SUE OR MAKE CLAIM FOR INJURY WITH ARBITRATION CLAUSE AND ASSUMPTION OF THE RISK AND RELEASE STATE OF COUNTY OF I,, reside at the following address: (PRINT NAME) (PRINT ADDRESS)

More information

Chapter IV INTRODUCTION

Chapter IV INTRODUCTION Chapter IV FACULTY LIABILITY I. Overview INTRODUCTION Faculty members are agents of their employers the college or university. In that capacity, the college is liable or responsible for their acts that

More information

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability

Contents. Table of Statutes. Table of Secondary Legislation. Table of Cases. General Principles of Liability Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: General Principles of Liability 1.1 Introduction 1.2 Interests protected 1.3 The mental element in tort 1.3.1 Malice

More information

AGRITOURISM LIABILITY

AGRITOURISM LIABILITY AGRITOURISM LIABILITY Module 5 Extension Training to Support Agritourism Development in the Northeast Funded by the Northeast Sustainable Agriculture Research and Education program Award No. ENE11-121

More information

Of course, the same incident can give rise to an action both for breach of contract and for negligence.

Of course, the same incident can give rise to an action both for breach of contract and for negligence. 4. WHAT CAN YOU BE LIABLE FOR AND WHY? 4.1 Negligence Liability for negligence is a civil, not a criminal, matter. It is for the victim to prove that the defendant owed them a "duty of care", that that

More information

Clackamas County 4- H Oregon City, Oregon. Oregon s Equine Inherent Risk Law: An Overview. February 12, 2014

Clackamas County 4- H Oregon City, Oregon. Oregon s Equine Inherent Risk Law: An Overview. February 12, 2014 An Overview Clackamas County 4-H Meeting Canby, Oregon February 12, 2014 ORS 30.687 30.698 Only applies to certain injuries/harm Only protects certain people/entities Each state s equine inherent risk

More information

CALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language

CALIFORNIA Strict Indemnity Language. CALIFORNIA Intermediate Indemnity Language CALIFORNIA Strict Indemnity Language Contractor (Indemnitor) shall indemnify, defend, and hold harmless Authority, its officers, officials, employees, and volunteers from and against any and all liability,

More information

Analysis of Premises Liability for the Criminal Acts of Third Parties

Analysis of Premises Liability for the Criminal Acts of Third Parties PBI Electronic Publication # EP-2820 Analysis of Premises Liability for the Criminal Acts of Third Parties Kenneth M. Dubrow, Esq. The Chartwell Law Offices, LLP Philadelphia A chapter from Tort Law Update

More information

I. GOAL: To help students gain a better understanding of tort law and especially the concept of negligence.

I. GOAL: To help students gain a better understanding of tort law and especially the concept of negligence. NAME: LESSON: SOURCE: SUPPLIES: DURATION: Ieva Butkute Torts: The Elements of Negligence Original, with some references to the Streetlaw textbook The Simpsons DVD (Season 2, Episode 11), student handouts,

More information

PELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100

PELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100 PELLISSIPPI STATE TECHNICAL COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100 Class Hours: 3.0 Credit Hours: 3.0 Laboratory Hours: 0.0 Revised: Spring 07 NOTE: This course is not designed for transfer credit.

More information

Legal Dimensions in Recreation, Leisure Activities, and Sports Negligence Concepts

Legal Dimensions in Recreation, Leisure Activities, and Sports Negligence Concepts Legal Dimensions in Recreation, Leisure Activities, and Sports Negligence Concepts I. INTRODUCTION The administration of recreational sports and leisure service, including activities and intramural sports,

More information

PELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100. College-level competencies in logic, reading, and English are required.

PELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100. College-level competencies in logic, reading, and English are required. PELLISSIPPI STATE COMMUNITY COLLEGE MASTER SYLLABUS TORTS LAW 2100 Class Hours: 3.0 Credit Hours: 3.0 Laboratory Hours: 0.0 Revised: Spring 2011 NOTE: This course is not designed for transfer credit. Catalog

More information

IN THE COURT OF APPEALS OF INDIANA

IN THE COURT OF APPEALS OF INDIANA FOR PUBLICATION ATTORNEY FOR APPELLANTS: MICHAEL A. MINGLIN Miller & Minglin, P.C. Indianapolis, Indiana ATTORNEYS FOR APPELLEE: JAMES W. ROEHRDANZ ERIC D. JOHNSON Kightlinger & Gray, LLP Indianapolis,

More information

TORT LAW CONCEPTS FOR REGULATORS

TORT LAW CONCEPTS FOR REGULATORS TORT LAW CONCEPTS FOR REGULATORS What is a Tort? A legal construct only exists when the law says it exists A private or civil wrong or injury Primary purpose is to compensate person injured by the actions

More information

Employer Liability for Workplace Violence

Employer Liability for Workplace Violence Employer Liability for Workplace Violence I. Employer Liability under OSHA/MOSHA a. Employers must maintain a place of employment which is free from recognized hazards that are causing or are likely to

More information

Outline: Ye Olde Sawmill Tort Class Midterm Call: Potential Claims and liabilities of the parties

Outline: Ye Olde Sawmill Tort Class Midterm Call: Potential Claims and liabilities of the parties Outline: Ye Olde Sawmill Tort Class Midterm Call: Potential Claims and liabilities of the parties 1. Waiver Release/assumption of Risk a. Unreasonable waiver for all 3 i. Wanton/willful ii. Unconscionable

More information

1. Introduction to Negligence

1. Introduction to Negligence 1. Introduction to Negligence You should be familiar with the following areas: l how to prove negligence l legislative reform to the law of negligence INTRODUCTION A tort exists to protect rights. The

More information

Ethical dilemma in professional practice. By Muhammad Iqbal

Ethical dilemma in professional practice. By Muhammad Iqbal Ethical dilemma in professional practice By Muhammad Iqbal Nursing Ethics: Unit-VII Objectives Define dilemma and professional obligation Identify common areas of negligence and nurses liability in these

More information

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages

Key Concept 9: Understand the differences between compensatory and punitive damages 1. A. Torts. 1. Compensatory and Punitive Damages Key Concept 9: Understand the differences between compensatory and punitive damages 1 A. Torts 1. Compensatory and Punitive Damages Tort law involves civil liability between private parties. A plaintiff

More information

Anglo-American Contract and Torts. Prof. Mark P. Gergen. 14. Strict liability abnormally dangerous activities and vicarious liability

Anglo-American Contract and Torts. Prof. Mark P. Gergen. 14. Strict liability abnormally dangerous activities and vicarious liability Anglo-American Contract and Torts Prof. Mark P. Gergen 14. Strict liability abnormally dangerous activities and vicarious liability Vicarious liability respondeat superior An employer is strictly liable

More information

FEBRUARY 1997 LAW REVIEW MOLESTATION LIABILITY EXAMINES SCOPE OF EMPLOYMENT & FORESEEABILITY. James C. Kozlowski, J.D., Ph.D. 1997 James C.

FEBRUARY 1997 LAW REVIEW MOLESTATION LIABILITY EXAMINES SCOPE OF EMPLOYMENT & FORESEEABILITY. James C. Kozlowski, J.D., Ph.D. 1997 James C. MOLESTATION LIABILITY EXAMINES SCOPE OF EMPLOYMENT & FORESEEABILITY James C. Kozlowski, J.D., Ph.D. 1997 James C. Kozlowski In determining agency liability for sexual molestation by its employees, an employer

More information

SAFETY REVIEW NOT SPECIFIED IN CONTRACT

SAFETY REVIEW NOT SPECIFIED IN CONTRACT SAFETY REVIEW NOT SPECIFIED IN CONTRACT James C. Kozlowski, J.D., Ph.D. 2008 James C. Kozlowski In contracting for personal services, an architect's duty depends on the particular agreement entered into

More information

DARREN B. MOORE Attorney at Law Bourland, Wall & Wenzel, P.C. 301 Commerce Street Suite 1500 Fort Worth, Texas 76102 817.877.1088 dmoore@bwwlaw.

DARREN B. MOORE Attorney at Law Bourland, Wall & Wenzel, P.C. 301 Commerce Street Suite 1500 Fort Worth, Texas 76102 817.877.1088 dmoore@bwwlaw. DARREN B. MOORE Attorney at Law Bourland, Wall & Wenzel, P.C. 301 Commerce Street Suite 1500 Fort Worth, Texas 76102 817.877.1088 dmoore@bwwlaw.com Copyright 2001 All Rights Reserved May 11, 2001 Texas

More information

Key Concept 2: Understanding the Differences Between 1) Intentional Tort Liability

Key Concept 2: Understanding the Differences Between 1) Intentional Tort Liability Key Concept 2: Understanding the Differences Between 1) Intentional Tort Liability 1 (2) Negligence Liability, and 3) Strict Liability. I. Torts in General: A. Definition: A tort is a civil wrong that

More information

The following is an excerpt from the 2012 Manual on Town Government. LIABILITY

The following is an excerpt from the 2012 Manual on Town Government. LIABILITY Minnesota Association of Townships Document Number: RM1000 Information Library Revised: January 2012 The following is an excerpt from the 2012 Manual on Town Government. LIABILITY Any discussion of a town

More information

MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE

MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE MERCER COUNTY COMMUNITY COLLEGE COURSE OUTLINE Course Number Course Title Credits LEG 130 Civil Litigation I 3 Hours: Lecture/Lab/ Others 3/0/0 Pre-Requisites: None Catalog Description (2011-2013 Catalog)

More information

!"#$"#%& & & & & Associate in Risk Management 54 Exam Review Session April 16, 2012 2:00 4:00PM& & & Overview What to Expect

!#$#%& & & & & Associate in Risk Management 54 Exam Review Session April 16, 2012 2:00 4:00PM& & & Overview What to Expect !"#$"#% Associate in Risk Management 54 Exam Review Session April 16, 2012 2:00 4:00PM Presented by: Rich Berthelsen, Esq., MBA, CPCU, ARM Senior Director of Content for the Institutes 610-644-2100 ext.

More information

Chapter 1 Insurance Concepts & Principles

Chapter 1 Insurance Concepts & Principles Chapter 1 Chapter Objectives Your learning objectives are as follows: Understand the mechanism of insurance. Understand the difference between property and casualty insurance. Learn the parts of the insurance

More information

Torts Copyright July, 2006 State Bar of California

Torts Copyright July, 2006 State Bar of California Torts Copyright July, 2006 State Bar of California After paying for his gasoline at Delta Gas, Paul decided to buy two 75-cent candy bars. The Delta Gas store clerk, Clerk, was talking on the telephone,

More information

Taming the Liability Monster. Hershel L. Kreis, Jr. Richard Rubino November 13, 2009

Taming the Liability Monster. Hershel L. Kreis, Jr. Richard Rubino November 13, 2009 Taming the Liability Monster Hershel L. Kreis, Jr. Richard Rubino November 13, 2009 What is so important about understanding Civil Liability for Communications Personnel? Every job has the potential of

More information

Professional Negligence

Professional Negligence 1239272 - BCIT 1 Professional Negligence Jeremy T. Lovell Bull, Housser & Tupper LLP 1239272 - BCIT 2 Overview Professional negligence law in context Negligence law in general Duty of care Standard of

More information

Negligence: Element III: Proximate Cause. Chapter 15

Negligence: Element III: Proximate Cause. Chapter 15 Negligence: Element III: Proximate Cause Chapter 15 Introduction Proximate Cause. 1) the causation question (cause in fact): Did the defendant cause the plaintiff s injury? 2) The policy question ( a cut-off

More information

LOUISIANA PERSONAL INJURY ACCIDENT BASICS

LOUISIANA PERSONAL INJURY ACCIDENT BASICS LOUISIANA PERSONAL INJURY ACCIDENT BASICS The Concept of Negligence If you have been injured, only an experienced Louisiana personal injury accident attorney can evaluate the unique facts and circumstances

More information

The In s and Out s of School Law: What You Need to Know. Dr. Lee Banton, Professor Emeritus

The In s and Out s of School Law: What You Need to Know. Dr. Lee Banton, Professor Emeritus The In s and Out s of School Law: What You Need to Know Dr. Lee Banton, Professor Emeritus The very first act of a teacher is signing a legal document the contract! Read, study and understand the contract

More information

Indiana Arborist Association Annual Conference January 2013 TREES AND THE LAW IN INDIANA

Indiana Arborist Association Annual Conference January 2013 TREES AND THE LAW IN INDIANA Indiana Arborist Association Annual Conference January 2013 TREES AND THE LAW IN INDIANA Topics of Presentation Whose Tree Is it? Rights and Responsibilities for Tree Care Trees that Encroach onto Other

More information

A REASONABLE PERSPECTIVE ON RECREATIONAL INJURY LIABILITY

A REASONABLE PERSPECTIVE ON RECREATIONAL INJURY LIABILITY A REASONABLE PERSPECTIVE ON RECREATIONAL INJURY LIABILITY James C. Kozlowski, J.D., Ph.D. 1988 James C. Kozlowski Driving an automobile is probably the most dangerous activity in our daily lives. Certainly,

More information

NC General Statutes - Chapter 99B 1

NC General Statutes - Chapter 99B 1 Chapter 99B. Products Liability. 99B-1. Definitions. When used in this Chapter, unless the context otherwise requires: (1) "Claimant" means a person or other entity asserting a claim and, if said claim

More information

Drake University Agricultural Law Center Edward Cox Staff Attorney February 22, 2013

Drake University Agricultural Law Center Edward Cox Staff Attorney February 22, 2013 Drake University Agricultural Law Center Edward Cox Staff Attorney February 22, 2013 The information contained herein should not be construed as legal advice and is not a replacement for consultation with

More information

Chapter 7 The Liability Risk

Chapter 7 The Liability Risk Chapter 7 The Liability Risk Overview This chapter begins a block of material on property and liability risks, and the personal and business insurance coverages designed to address these risks. In this

More information

BUSINESS LAW GUIDEBOOK

BUSINESS LAW GUIDEBOOK BUSINESS LAW GUIDEBOOK SECOND EDITION CHARLES YC CHEW CHAPTER 8: THE LAW OF NEGLIGENCE IN THE BUSINESS WORLD TEST YOUR KNOWLEDGE 1. Outline the elements of the tort of negligence. The elements of the tort

More information

CHICAGO RUNNING TOURS & MORE, LLC WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT PLEASE REVIEW THOROUGHLY BEFORE SIGNING

CHICAGO RUNNING TOURS & MORE, LLC WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT PLEASE REVIEW THOROUGHLY BEFORE SIGNING CHICAGO RUNNING TOURS & MORE, LLC WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT PLEASE REVIEW THOROUGHLY BEFORE SIGNING The undersigned, in consideration of being permitted to participate

More information

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS

STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS STATE UNIVERSITY OF NEW YORK COLLEGE OF TECHNOLOGY CANTON, NEW YORK COURSE OUTLINE LEST 320 NEGLIGENCE AND INTENTIONAL TORTS LAST REVISED BY: Alexander Lesyk SCHOOL OF BUSINESS AND LIBERAL ARTS MARCH 2015

More information

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND

ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND Introduction The purpose of this paper is to alert the reader to concepts used in the defense of construction related lawsuits and to suggest how

More information

Vicarious liability of a charity or its trustees

Vicarious liability of a charity or its trustees 1 of 7 Guidance Vicarious liability of a charity or its trustees Contents In general, for what are trustees liable? Liability for the actions or omissions of others What does the law cover in this area?

More information

Chapter Two Liability Coverage

Chapter Two Liability Coverage Chapter Two Liability Coverage How Does a Business Become Liable for Injuries to Others? When we say a business is liable for injuries to others, we mean that they are legally responsible for them. It

More information

RELEASE OF LIABILITY, INDEMNITY, AND BACKGROUND CHECK AUTHORIZATION AGREEMENT

RELEASE OF LIABILITY, INDEMNITY, AND BACKGROUND CHECK AUTHORIZATION AGREEMENT RELEASE OF LIABILITY, INDEMNITY, AND BACKGROUND CHECK AUTHORIZATION AGREEMENT In consideration, the receipt and sufficiency of which is hereby acknowledged, for being allowed entry into and participation

More information

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION COMPLAINT

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION COMPLAINT IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION Plaintiff, CASE NUMBER: JUDGE: vs. Defendant. / COMPLAINT COMES NOW, Plaintiff,, and hereby sues

More information

Negligence & Tort Law

Negligence & Tort Law Negligence & Tort Law How to Prove Negligence The plaintiff needs to prove four elements by a preponderance of the evidence Duty Breach of Duty Causation (two parts) Damages Duty Defined: A legal obligation

More information

Why Obtain Student Medical Malpractice Insurance?

Why Obtain Student Medical Malpractice Insurance? Why Obtain Student Medical Malpractice Insurance? Important Notice & Disclaimer Please Read! This presentation is for use by Western Washington University (WWU) students only. Neither WWU, nor any officer,

More information

NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13

NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13 NEGLIGENCE: ELEMENT I: DUTY CHAPTER 13 General Rule on Duty What is a duty? A duty is an obligation or a requirement to conform to a standard of conduct prescribed by law. Consider the following questions.

More information

The nation s leading resource for agricultural and food law research and information

The nation s leading resource for agricultural and food law research and information The nation s leading resource for agricultural and food law research and information Federally funded, non-partisan research and information center Research - Information - Education www.nationalaglawcenter.org

More information

Liability Risks for After-Hours Use of Public School Property to Reduce Obesity: FLORIDA. Michael Lettiero, Anne Martin, and Tom Baker

Liability Risks for After-Hours Use of Public School Property to Reduce Obesity: FLORIDA. Michael Lettiero, Anne Martin, and Tom Baker Liability Risks for After-Hours Use of Public School Property to Reduce Obesity: FLORIDA Michael Lettiero, Anne Martin, and Tom Baker This memorandum summarizes Florida law governing liability for after-hours

More information

Lessons from a Case Study. Dr. Al Wright, Cal State University Northridge

Lessons from a Case Study. Dr. Al Wright, Cal State University Northridge Lessons from a Case Study Dr. Al Wright, Cal State University Northridge Learning Outcomes Examine the legal issues surrounding negligence and legal liability cases Understand how litigation can impact

More information

Good decision-making for government Duty of care

Good decision-making for government Duty of care Good decision-making for government Duty of care Duty of care and the law The duty of care is a legal obligation to avoid causing harm or injury to others. A breach of the duty of care can give rise to

More information

Injury Law Attorney Clearwater - New Port Richey - Tampa Bay

Injury Law Attorney Clearwater - New Port Richey - Tampa Bay Injury Law Attorney Clearwater - New Port Richey - Tampa Bay You need an aggressive injury lawyer to fight for your rights WHAT IS INJURY LAW? Injury Law is what an injury attorney would refer to as Tort

More information

LAW REVIEW JULY 1987 PARK SERVICE DEFENDS ROPE SWING INJURY CASE

LAW REVIEW JULY 1987 PARK SERVICE DEFENDS ROPE SWING INJURY CASE PARK SERVICE DEFENDS ROPE SWING INJURY CASE James C. Kozlowski, J.D., Ph.D. 1987 James C. Kozlowski In a chapter entitled "The Liability Crisis Threatens Outdoor Opportunities", The Report of the President's

More information

Manufacturers versus Component Part and Raw Material Suppliers: How to Prevent Liability By Kenneth Ross *

Manufacturers versus Component Part and Raw Material Suppliers: How to Prevent Liability By Kenneth Ross * Manufacturers versus Component Part and Raw Material Suppliers: How to Prevent Liability By Kenneth Ross * Introduction One of the more perplexing and potentially dangerous areas of product liability practice

More information

PREMISES LIABILITY. Everything you need... Important Updates: Invaluable Information: Research Taking Too Long? Release No. 9

PREMISES LIABILITY. Everything you need... Important Updates: Invaluable Information: Research Taking Too Long? Release No. 9 PREMISES LIABILITY Release No. 9 Everything you need... Important Updates: Open and Obvious Dangers Theme Park Accidents Probable Cause for False Imprisonment Trespassing Children Handrails and Maintenance

More information

Everything you need...

Everything you need... TEXAS PREMISES LIABILITY Release No. 9 Everything you need... Important Updates: Discovery Issues Amusement Park Accidents Recreational Use Statute and Special Defects Trespassing Children Legal Duty Regarding

More information

Defenses in a Product Liability Claim

Defenses in a Product Liability Claim Defenses in a Product Liability Claim written by: Mark Schultz, Esq. COZEN O CONNOR Suite 400, 200 Four Falls Corporate Center West Conshohocken, PA 19428 (800) 379-0695 (610) 941-5400 mschultz@cozen.com

More information

Opening Up Stairwells for Physical Activity

Opening Up Stairwells for Physical Activity Opening Up Stairwells for Physical Activity An Analysis of the National Tort Liability Landscape for Stairwell Use INTRODUCTION Obesity and physical inactivity in America have reached crisis proportions,

More information

Employer s Liability in a Practical Context

Employer s Liability in a Practical Context Contents Table of Statutes Table of Secondary Legislation Table of Cases Chapter 1: Employer s Liability in a Practical Context 1.1 Introduction 1.2 The parties to an employer s liability claim 1.3 An

More information