2011 Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D. LcarpentBC@aol
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Transcript of 2011 Legal Quadrivium Linda Jean Carpenter, Ph.D., J.D. LcarpentBC@aol
2011 Legal QuadriviumLinda Jean Carpenter, Ph.D., J.D.
I promise to do my duty . . .
but, what’s my duty?
Sources of Duty:
ContractsRelationshipsStatutory
Sources of Duty:
ContractsRelationshipsStatutory
Battle of the ‘Shoulds’
RulesPoliciesStandardsLegal Duties
Negligence Elements:
DutyBreach
CauseHarm
Duties
Supervise
Warn
Teach proper technique
Safe facilities, equipment
Provide access to medical help
Appropriate progressions
Etc., Etc., Etc.
Negligence Elements:
Duty“Protect from the
foreseeable risk ofunreasonable harm.”
Captain’s Practices
Intersection of duty and rules
How is a DUTY
like SPAM?
??
DUTY can be
shared butNOT shrugged.
Liability for abreach of duty
(that causes harm)
USC Strength Coach Sued for Negligence in Athlete's Injury Published Jan 25, 2011
Ensuring Safety in the Weight Room
Stafon Johnson filed
a personal injury
lawsuit against
strength coach Jamie
Yanchar and USC
because of a neck
injury Johnson
sustained.
The NSCA is recognized in the sports medicine and
fitness industries as the gold standard for
strength and conditioning certification. According to this book, the spotter’s primary
role is “to protect the lifter from injury”
Does a duty exist? Why?What is the duty?
Who defines the duty?
What is the significance ofstandards, rules, policies?
Know it and do it.
I promise to do my duty . . .
but, what’s my duty?