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15 Cards in this Set
- Front
- Back
What is a tort?
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A wrongful intentional or unintentional act that harms a person’s person, property, or reputation.
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What is negligence?
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Negligence is the failure to exercise the level of care and prudence that a reasonable person would exercise. The standard for teachers is based on the training they should have.
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What must a plaintiff prove in a claim for negligence?
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1) A duty of care exists;
2) The defendant breached that duty; 3) The plaintiff was injured; 4) The defendant’s breach proximately caused the injury. |
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When do teachers have a duty of due care?
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Teachers have a duty of due care while they are “on duty” and sometimes before school as well.
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What types of injuries are compensable under tort law?
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Physical injuries and sometimes emotional injuries.
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What is proximate cause?
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Proximate cause is when an injury was (1) directly caused by the actions; or (2) a reasonably foreseeable consequence of the actions.
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What factors do courts consider when weighing whether a duty of due care exists?
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1) Age of students;
2) Nature of risk students are exposed to; 3) Precautions taken to lessen risk. |
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What is assumption of the risk?
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Assumption of the risk is a defense to a negligence claim. It applies when: (1) the plaintiff knew of the risk; and (2) plaintiff had sufficient time, knowledge, and experience to avoid the risk.
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What is contributory negligence?
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Contributory negligence is when a plaintiff contributes to his own injury and should be held fully or partially responsible for his injuries.
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What type of protection do immunity statutes provide schools?
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Immunity statutes limit verdict amounts to control costs in negligence cases.
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When do school districts provide legal defenses to teachers?
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When they:
1) Acted in good faith; 2) Promptly notified the school attorney and asked for a defense; 3) Cooperated with their defense. |
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Why are school liability release forms generally invalid?
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1) Parents can’t waive students’ rights;
2) They are unfair; 3) They are not valid contracts; 4) Not part of assumption of the risk. |
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In the Peter W. case, a man sued his school because he was fired for not being able to calculate sales tax. He said he was not properly educated. What happened?
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The Court denied his claim saying other factors may have influenced his inability to function. Schools cannot be held responsible for students’ failure to learn.
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What are the primary reasons why a coach is sued?
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1) Not warning players they could be injured;
2) Not supervising players; 3) Not properly instructing players; 4) Not conditioning players for sport; 5) Not giving proper equipment; 6) Not giving first aid or medical treatment. |
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What steps should coaches take to avoid lawsuits?
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1) Maintain records;
2) Establish training rules; 3) Follow state rules; 4) Establish emergency procedure; 5) Take professional advice; 6) Don’t allow injured players to participate; 7) Promote equal competition (beginners with beginners); 8) Don’t accept blame. |