Question

4. ‭ ‬SPM 515 Governing Bodies & Law


Explain the elements of negligence liability and how it applies to sport.


What are the defenses to the tort of negligence and the application to sport management?

Answer 1

Negligence is the misconduct by which someone is injured and must be compensated by law.

Required elements:

No.1) if the sport authority doesn’t maintain certain standards in the stadium, then this would be the negligence liability in case of any damage – suppose fire occurs but there is no fire extinguisher, causing so many injuries.

No.2) if there is casual connection between the preventive measure and sport authority, then that will be a negligence liability – suppose the sport authority doesn’t test whether the fire extinguisher is working fine or not.

No.3) if the foreseeable damage is not taken care off – suppose it is an indoor game and there is only one exit gate – this may create damage at the time of rush.

Required defenses:

No.1) 4 elements must be proved by the plaintiff (duty, breach of duty, action not taken, and atleast one damages). If all of these elements are not proved, the sport authority gets defense.

No.2) if the risk is assumed by the plaintiff but still he/she is there in the sport (may be as a spectator), this implies that the plaintiff is accepting the risk and therefore there is NO negligence on the part of the defendant (sport authority) – suppose in the game of dangerous bike riding in a small place.