WorksheetsChapter 3 REVIEW QUESTIONS
Total questions: 14
Worksheet time: 7mins
Define the terms tort and negligence as discussed in the text.
A tort is harm, other than a breach of contract, done to another for which the law holds the wrongdoer responsible. Negligence is a type of tort and is defined as the failure to do what a reasonably careful and prudent person would have done under the same or like circumstances or, conversely, as doing something that a reasonably careful or prudent person would not have done in the same or like circumstances.
A tort is a criminal act punishable by imprisonment, and negligence is the intentional disregard for the law.
A tort is a breach of contract, and negligence is the failure to fulfill contractual obligations.
A tort is a minor legal infraction, and negligence is the act of causing harm on purpose.
Briefly describe the two types of negligence—commission and acts of omission—discussed in the chapter.
Negligence involves either an act of commission (acting in an improper way) or omission (failure to act).
Negligence only refers to intentional harm caused to another person.
Negligence is only about failing to follow written rules, not about actions taken.
Negligence is when someone acts with complete awareness and intent to cause harm.
What are the four elements that must be present to prove negligence?
1. Duty of care 2. Breach of duty 3. Actual or proximate causation 4. Damage
1. Intent 2. Motive 3. Consent 4. Agreement
1. Offer 2. Acceptance 3. Consideration 4. Capacity
1. Ownership 2. Possession 3. Title 4. Transfer
Describe briefly the five ways that a negligence suit may be defeated.
1. No Negligence or Act of God: This concedes that the injury occurred as a result of factors beyond the control of the defendant. 2. Contributory negligence: The plaintiff is found to be in part or totally responsible for the injury. 3. Comparative negligence: If a monetary reward is given, it will be based only on the percentage of negligence assigned to the defendant. 4. Assumption of risk: The plaintiff agrees to participate in the sport knowing that there is a chance of suffering an injury. 5. Statute of limitations. There are specific time periods (statutes) in which plaintiffs can file lawsuits. 6. Immunity. Immunity is a condition that protects defendants from tort actions because of their position related to their capacity or their relationship with the plaintiff. 7. Good Samaritan Law. This is type of immunity specific to those who attempt to aid another person that was put into a dangerous situation by a third party.
A negligence suit may be defeated by: 1. Filing a counter lawsuit for defamation. 2. Proving the plaintiff has a criminal record. 3. Demonstrating the plaintiff was not present at the scene of the incident. 4. Showing the defendant had a valid business license.
Does liability differ for a paid coach versus a volunteer?
Anyone serving in a coaching capacity, whether voluntarily or paid, bears considerable responsibility for the health and safety of athletes. Whether on staff or volunteer, a coach should have some sort of written contract outlining specific duties.
Paid coaches are always more liable than volunteers, regardless of circumstances.
Volunteers have no liability for athlete safety or health.
Only paid coaches are required to have a written contract.
Do Good Samaritan laws protect school personnel, such as coaches, from litigation?
No. Coaches and other school personnel have a duty to provide appropriate emergency care and, as a result, do not enjoy immunity from tort claims under the tenets of Good Samaritan laws.
Yes. All school personnel are fully protected from any litigation under Good Samaritan laws.
Yes, but only if they are not trained in first aid or CPR.
Yes, but only if the incident occurs off school property.
List and describe the reasons a coach may be found negligent.
1. Failure to provide adequate supervision. 2. Failure to provide competent personnel. 3. Failure to provide appropriate training and instruction. 4. Failure to provide proper use of safe equipment. 5. Failure to warn of latent dangers. 6. Failure to provide prompt and competent medical care. 7. Failure to prevent injured athletes from competing. 8. Failure to match athletes of similar competitive levels.
1. Winning all games. 2. Providing snacks after practice. 3. Scheduling extra games. 4. Allowing athletes to choose their own teams.
1. Wearing team colors. 2. Organizing team parties. 3. Encouraging fans to attend games. 4. Posting results online.
1. Assigning team captains. 2. Choosing team mascots. 3. Decorating the locker room. 4. Planning end-of-season banquets.
Outline the steps that can reduce a coach’s chances of being sued.
1. Written contract 2. Certification in basic or advanced first aid, CPR, and AED use 3. Emergency action plan 4. Parental consent form 5. Mandatory comprehensive preparticipation physical examination (PPE) 6. Documentation of all injuries 7. Completion of seminars and/or postgraduate classes 8. Inspections of facilities and/or equipment
1. Allowing unsupervised practices, ignoring injuries, and not maintaining equipment
2. Not requiring parental consent, skipping physical examinations, and failing to document injuries
3. Avoiding emergency action plans, not attending seminars, and neglecting facility inspections
The first two things a coach should do when notified of an impending lawsuit are:
Notify the school administration and preserve all relevant documents.
Ignore the notification and continue coaching as usual.
Contact the media and make a public statement.
Destroy any documents related to the incident.
Sociological pressures that may challenge a coach’s sense of professional ethics include:
Expectations to win at all costs
Access to better training facilities
Support from the local community
Availability of advanced technology
The courts have found that a coach is responsible for giving instruction to athletes regarding the rules and regulations of participation in sports.
True
False
HIPAA and FERPA stand for which of the following?
Health Insurance Portability and Accountability Act and Family Educational Rights and Privacy Act
Health Information Privacy and Access Act and Federal Education Rights and Privacy Act
Health Insurance Protection and Access Act and Family Education Rights and Privacy Act
Health Information Portability and Accountability Act and Federal Educational Rights and Privacy Act
Athletic trainers provide which of the following to the secondary school setting?
Injury prevention and care
Financial management
Cafeteria services
Transportation planning
State regulation of athletic trainers serves what purpose, and how many states currently regulate the profession?
To protect the public and ensure professional standards; 49 states regulate the profession.
To increase sports participation; 25 states regulate the profession.
To promote athletic scholarships; 35 states regulate the profession.
To reduce healthcare costs; 10 states regulate the profession.
