Due Tonight! Really appreciate it!

Can I please have this Chapter Outline, { the main points }. Book is called Legal Concepts in Sport by Linda Jean Carpenter. As a reference I uploaded all the pages of the chapter.

Chapter 14 Defusing Liability: Managing the Risks In earlier chapters we have discussed specific risk management techniques for various causes of action. The . The overriding principle for all risk management tech- niques is to identify, evaluate, and then determine how to manage risks. In the area of negligence, there are many techniques available to manage risk through transferring it to others, such as by insurance, waivers, and so forth. (See Chapter 6 for a full discussion of these techniques.) In other ar- eas of the law, risk management techniques fall more in the area Identify of prevention. (See specific chapters relating to specific areas of Evaluate the law for risk management discussions.) But in order to pre- . Manage vent, you must still be able to identify. Proper procedures, frequent review of programmatic activities and policies, and an awareness of legal issues relating to risk management are all helpful in the process. Develop Proper, Prudent Procedures Developing and following prudent procedures can do much to manage risks. Creating and practicing medical emergency plans, keeping records appropriately, and using proper interview questions when hiring new staff are only a few exam- ples of managing risks. Prudent procedures include developing and using accident/incident reports. Accident or incident reports help memorialize the facts of situations that might later produce legal action. Accident or incident reports should be carefully draft- ed to memorialize the facts but not to assign fault. Assignment of fault will occur when litigation develops. It is foolish to create judgments of fault that may be erro- neous in a legal sense through accident or incident reports instead of letting the judicial process assign fault. Why Live your policies. volunteer for liability that might not actually be yours to accept?202 Legal Concepts in Sport: A Primer So, don't include questions on the accident or incident report such as, "W there any failure with the equipment?" or "Was there any defect in the facilitas which needed to be corrected?" Understand Legal Time Periods Statutes of limitation set time periods within which a plaintiff must begin a lawsuit. Records of incidents and accidents Review your incident reports should be kept on file at least until the ap- Ask the right questions propriate statute of limitation has has run to conclusion. When an incident occurs that might produce liability, it is a wise administrator who stays in contact with wit- nesses over the years it often takes to arrive at either the litigation process or con- clusion of the statute of limitations. Staff members or students who served as wit- nesses may have moved to other employment or schools and changed addresses by the time a case comes to trial, thus leaving the defendant who has not kept in touch without access to important witnesses. The normal statutes of limitations that apply to adults are applied differently to minors. When a minor has been injured, the minor has at least until adulthood before the statute of limitations runs out. For instance, in most jurisdictions in which a child becomes an adult at 18, the statute of limitations for negligence will be tolled (sus- Be a prudent record keeper. pended for a period of time) until the plaintiff becomes 18 plus one year. Therefore, when working with young children, records of incidents and accidents may need to be kept for an extremely long period of time. Memory Testers 1. True/False It is illegal to breach a contract. 2. True/False Insurance will protect me from damages resulting from intentional torts. 3. True/False When using insurance as a risk transferring device, it is more expensive to shift all risk than to shift just some of the risk. 4. True/False The best risk management plan is the plan to run high- quality, safe programs.Defusing Liability: Managing the Risks 203 Memory Tester Discussion Was lities 1 False It is not illegal to breach a contract. However, you might have to pay damages for the breach. If you think you might have to breach a contract, you should try to include language in the original contract that relieves you from your obligations a under the contract when certain events occur. If that is not its possible, then consider adding a liquidated damages clause to the contract so that you will know the amount of damages you might be incurring ahead of time. 2. False Insurance is only designed to protect from ordinary negli- gence. It is contrary to public policy to let people shift the risk of liability from themselves to others for their intentional acts. 3. True The cost of insurance coverage will be greater if the deductible is lower. Assuming some of the risk by agreeing to pay claims up to the amount of a deductible is cheaper. 4. True However, even the best programs sometimes make mistakes. A risk management plan is a proactive plan. It plans for the worst while hoping for the best and, indeed, planning for the best program. In Conclusion Let's add two last points to remember: . When managing risks, it is important to know that innocence is not free. Therefore, risk Innocence is not free. management plans need to include provisions for paying for the defense of claims. Legal liability comes to both programs and individuals. Risk management should be part of any program's activities. It should also be part of the ac- tivities of an individual teacher, coach, or administrator