Chapter 13 13-1
Risk and LiabilityRisk and Liability
Chapter 13 13-2
Reasons for Increasing Litigation Trend
1. Participation
2. Attitudes
3. Number & Variety of activities
4. Media
5. American Experience
6. Liability & Legal rights
7. Lawyers & Legal aid
8. Settlements
9. Insurance
Chapter 13 13-3
IMPACT on SPORT and FITNESS
On the NEGATIVE side
* Liability insurance costs
* Cancelled programs
* Cost of protective equipment
* Legal activity
* Impact on PEOPLE
Chapter 13 13-4
IMPACT on SPORT and FITNESS
On the POSITIVE side
* Standard of care
* Increased awareness
* Importance of Risk Management
Chapter 13 13-5
LEGAL LIABILITY DEFINED
Two parts to the law
NEGLIGENCE - form of action in the laws of torts
- law of civil responsibility
OMISSION- legal liability can arise out of an omission
Chapter 13 13-6
LEGAL LIABILITY DEFINED (continued)
NEGLIGENCE is the breach of a duty to exercise due care.
A defendant can be held liable for negligence where injury has
been caused by the failure to take reasonable precautions to prevent foreseeable harm.
Shift of burden of LOSS from Victim to Defendant
In a civil liability action, a person who has suffered damage or loss (plaintiff) claims the defendant is responsible for causing the injury & should pay compensation by way of an award of damages assessed by the court
Chapter 13 13-7
To establish a claim of NEGLIGENCE, all 4 elements must exist
1. Duty of Care – the defendant owed a duty of care to plaintiff
2. Breach of Care – courts establish minimum standard of care & determine the standard was breached
3. Damage – or injury did occur to person or their property
4. Causation – direct link between actual damage/injury and the negligent act
Chapter 13 13-8
OMISSION
Failing to act when the act could be reasonably expected in aspecific instance
or
Due to an act of commission which means performing an act in a
Negligent manner.
Actions related to premises or equipment may be based onOccupier’s Liability
Chapter 13 13-9
TYPES OF LIABILITY
1. Contractual
2. Criminal
3. Human Rights
4. Torts
Chapter 13 13-10
Liability of Fitness Instructors
Often tested by asking 4 questions, know as Myers & Thornton Tests
1. Is exercise suitable to the Participant?
2. Was Participant progressively trained?
3. Was equipment adequate?
4. Was Participant properly supervised?
Chapter 13 13-11
The Holiday Party
Sutton Group provided a “serve yourself” bar
Linda Hunt (an employee) attended party
Following the party Hunt went to nearby pub with friends, left the pub at 8:00pm
At 9:45 pm lost control of car 12.2 kilometers from pub on her way home, blood alcohol .149
Hunt convicted of DUI
Hunt suffered permanent brain damage, she filed an action against Sutton group and the pub.
What do you think should be the outcome of the action?
Chapter 13 13-12
Occupational Health and SafetyOccupational Health and Safety(OHS)(OHS)
Two basic levels of OHS legislation:Federal Provincial
OHS legislation outlines:Responsibilities of owners, supervisors, and workers
Chapter 13 13-13
Occupational Health and SafetyOccupational Health and Safety(OHS) – Legal Requirements(OHS) – Legal Requirements
Legal requirements can be grouped intofour broad categories:
1. Government, employee and employer responsibilities
2. Joint Heath and Safety Committees (JHSC)
3. Workplace Hazardous Materials4. Due Diligence
Chapter 13 13-14
Workplace HEALTH and SAFETY Issues
SAFETY HAZARDS:Those aspects of the work environment which have the potential ofimmediate and sometimes violent harm to a person.
HEALTH HAZARDS:Those aspects of the work environment which slowly and cumulatively (often irreversibly) lead to deterioration of a person’sHealth. Typical causes include physical & biological hazards,chemicals, and stressful working environments.
Chapter 13 13-15
RESPONSE to Workplace Health & Safety
Safety Design & Prevention- special clothing- hard hats, boots, protective eye guards- Body protection like waist belts to protect backs- life lines & other types of equipment
Inspection- specialists trained to observe the rules & standards- union contracts often include health & safety issues
Safety Training- WHMIS - industry specific training
GovernmentOccupational Health & Safety ActWorkplaceLabour Board
Chapter 13 13-16
Business Insurance
Chapter 13 13-17
What Insurance Will You Need?
The type of insurance and coverage
needed depends on the:• size of any potential loss• probability of loss• resources available• probability of lawsuits
Chapter 13 13-18
Calculating Your Insurance Needs
In general, the following risks can be covered by insurance:
•Personal injury •Employment practices •Loss to the business caused by death or disability •Loss or damage of property•Loss of income resulting from interruption of business•Consequential losses•Auto
What type of business insurance will you need? Check out Box 9.4.
In general, the following risks can be covered by insurance:
•Personal injury •Employment practices •Loss to the business caused by death or disability •Loss or damage of property•Loss of income resulting from interruption of business•Consequential losses•Auto
What type of business insurance will you need? Check out Box 9.4.
Chapter 13 13-19
Home-Based Business InsuranceHome-Based Business Insurance
• auto insurance for business purposes is a must• Business Insurance
– Business (includes General Liability)– E&O (Errors and Omissions – Liability)
• basic types of home insurance policies are:– Homeowner’s policy endorsement– In-home business policy/program– Business owners policy (BOP)
Chapter 13 13-20
Employee DishonestySome Examples
Cash register
vulnerability
Cash register
vulnerability
Cheque deceptionCheque
deception
ShopliftingShoplifting
Credit cardfraud
Credit cardfraud
Bookkeeping theft
Bookkeeping theft
Counterfeit money
Counterfeit money
BurglaryBurglaryRobberyRobbery
Fitting room theft
Fraudulent Refunds
Fraudulent Refunds
Chapter 13 13-21
Patents and CopyrightsPatents and Copyrights
• A patentpatent is a federal government grant that gives an inventor exclusive rights to his or her inventions.
Patents cover new inventions, or any new and useful
improvement of an existing invention.
• A copyrighcopyrightt is the exclusive right to copy a creative work or allow someone else to do so.
Copyrights provide protection for artistic, dramatic,
musical or literary works.
Chapter 13 13-22
Trademarks Trademarks
• A trademarktrademark is a word, symbol or design, or a combination of these, used to distinguish the goods or services of one person or organization from those of others in the marketplace.
• Three basic types of trademarks are:
1. ordinary marks
2. certification marks
3. distinguishing guise
Top Related