The potential tort that was committed in this case analysis, if any, would be negligence. “Negligence occurs when someone sustains personal injury but there is no intent to cause injury” (Spengler, Anderson, Connaughton, & Baker, 2016). When it comes to lawsuits involving negligence, the plaintiff must follow rules which are sometimes called elements. Four essential elements must be proved with negligent cases: standard of care, breach of duty, causation, and injury (damages). All four elements must exist for a plaintiff to recover (be award money) in a negligence case. The first element is standard of care, “The standard of care is the duty or responsibility owed by a defendant (this could be a person or an organization) to another” (Spengler
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“Breach of duty, requires the plaintiff to prove that the defendant breached the duty of care” (Spengler et al., 2016). Causation is the third element that must be proved. “Causation refers to the claim in a negligence case that the acts or inaction of the defendant brought about injury to the plaintiff” (Spengler et al., 2016). The last element is injury (damages). “For any cause of action based on negligence, some actual harm or injury must exist” (Spengler et al., 2016). After actual harm or injury is established, there are a variety of damages that can be recovered to compensate the plaintiff, they depend on the circumstances. “Compensatory damages for physical pain and suffering, mental distress, direct economic loss, loss of consortium, and wrongful death” (Spengler et al., 2016). In particular cases, a plaintiff could also recover punitive damages. “Punitive damages differ from compensatory damages because punitive damages are awarded to punish the defendant rather than compensate the victim” (Spengler et al., …show more content…
The most reputable certifications are from the American Council on Exercise (ACE) and the Aerobics and Fitness Association of America (AFAA). These two certifying bodies are accredited by the National Commission for Certifying Agencies, the gold standard for program accreditation. The instructors must study and take an exam before receiving their certification. Particular programs offer live classes, while others have self-study materials. “The course is designed to teach you he basics of exercise and physiology, how to choreograph and teach group classes, the specifics of various modalities of group fitness, nutrition and weight management foundations, working with special populations and related business skills” (Carlin, 2018). Other course materials cover kinesiology, anatomy, class design and injury prevention. The certifications do not provide cardiopulmonary resuscitation (CPR) or automated external defibrillator (AED) training and it is typically required. Before instructors obtain their certification, proof of CPR and AED certification will need to be provided and must be maintained while instructing classes. The certifications vary when it comes to whether it is governmental or not. For example, the AFAA and the ACE are accredited by the National Commission for Certifying
“Breach of duty, requires the plaintiff to prove that the defendant breached the duty of care” (Spengler et al., 2016). Causation is the third element that must be proved. “Causation refers to the claim in a negligence case that the acts or inaction of the defendant brought about injury to the plaintiff” (Spengler et al., 2016). The last element is injury (damages). “For any cause of action based on negligence, some actual harm or injury must exist” (Spengler et al., 2016). After actual harm or injury is established, there are a variety of damages that can be recovered to compensate the plaintiff, they depend on the circumstances. “Compensatory damages for physical pain and suffering, mental distress, direct economic loss, loss of consortium, and wrongful death” (Spengler et al., 2016). In particular cases, a plaintiff could also recover punitive damages. “Punitive damages differ from compensatory damages because punitive damages are awarded to punish the defendant rather than compensate the victim” (Spengler et al., …show more content…
The most reputable certifications are from the American Council on Exercise (ACE) and the Aerobics and Fitness Association of America (AFAA). These two certifying bodies are accredited by the National Commission for Certifying Agencies, the gold standard for program accreditation. The instructors must study and take an exam before receiving their certification. Particular programs offer live classes, while others have self-study materials. “The course is designed to teach you he basics of exercise and physiology, how to choreograph and teach group classes, the specifics of various modalities of group fitness, nutrition and weight management foundations, working with special populations and related business skills” (Carlin, 2018). Other course materials cover kinesiology, anatomy, class design and injury prevention. The certifications do not provide cardiopulmonary resuscitation (CPR) or automated external defibrillator (AED) training and it is typically required. Before instructors obtain their certification, proof of CPR and AED certification will need to be provided and must be maintained while instructing classes. The certifications vary when it comes to whether it is governmental or not. For example, the AFAA and the ACE are accredited by the National Commission for Certifying