1. CHAPTER 10 DISCUSSION QUESTIONS
1) Define "premises liability."
2) What general body of law does negligence fall under?
3) What does negligence deal with?
4) What are the 4 elements of negligence?
5) What 3 criteria must be established for duty?
6) Define each of the 4 general types of patrons.
7) What are the 4 basic categories of damage?
8) How does Cotten define a waiver?
9) What are some limitations of waivers?
10) For a facility or event, what entities are generally responsible in
a negligence suit?
11) What is an indemnification clause?
12) According to the NFSI, more than how much $ in insurance
claims each year are the result of slip-and-fall accidents?
13) Define "inherent risks."
14) What are the 3 categories of supervision?

2. 1) PREMISES LIABILITY
“THE LEGAL RESPONSIBILITY A FACILITY OR EVENT
MANAGER OWES TO THE INDIVIDUALS UTILIZING THE
VENUE.”
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3. 3) WHAT DOES NEGLIGENCE DEAL WITH?
-DEALS WITH AVOIDABLE ACCIDENTS THAT SHOULD
HAVE BEEN ANTICIPATED & PREVENTED BY TAKING
REASONABLE PRECAUTIONS.
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4. 2) WHAT GENRAL BODY OF LAW DOES NEGLIGENCE FALL
UNDER?
TORTS
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5. TORT
-A WRONGFUL ACT THAT RESULTS IN INJURY TO
ANOTHER’S PERSON, PROPERTY, OR REPUTATION & FOR
WHICH THE INJURED PARTY IS ENTITLED TO
COMPENSATION.
UNINTENTIONAL TORT
-ONE DID NOT INTEND TO INJURE AN INDIVIDUAL, BUT AN
INJURY DID OCCUR.
INTENTIONAL TORT
-ONE INTENDS TO INJURE AN INDIVIDUAL.

6. 4) WHAT ARE THE 4 ELEMENTS OF NEGLIGENCE?
*ALL MUST OCCUR OR BE PROVEN FOR A PERSON TO BE
HELD LIABLE FOR THE INJURY.
4) DUTY
5) BREACH OF DUTY (THE ACT)
6) PROXIMATE CAUSE (CAUSATION)
7) DAMAGE (HARM)
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7. 1) DUTY
-THE PROVIDER HAS AN OBLIGATION TO PROTECT THE
INDIVIDUAL FROM UNREASONABLE RISK OF HARM.

8. -A SPECIAL RELATIONSHIP EXISTS BETWEEN THE
PROGRAM OR SERVICE PROVIDER & THE PARTICIPANT.
-DUTY IS SOCIETAL BASED.
-COURTS DECIDE WHICH MEMBERS OF SOCIETY OWE A
DUTY TO ANOTHER.

9. 5) WHAT 3 CRITERIA MUST BE ESTABLISHED FOR DUTY?
3) THERE MUT BE A RELATIONSHIP BETWEEN THE SERVICE
PROVIDER & THE INJURED PARTY THAT REQUIRES THE SERVICE
PROVIDER TO PROTECT THE PLAINTIFF FROM UNREASONABLE
RISK OF HARM.
-CLUB OWNER/MEMBER
-COACH/PLAYER
-EVENT COORDINATOR/CONCERT ATTENDEE
7) THESE RELATIONSHIPS INVOLVE “TYPES OF SPECIFIC DUTIES.”
-THESE DUTIES REQUIRE A PROFESSIONAL TO ABIDE BY SPECIFIC
STANDARDS OF CARE ESTABLISHED OR ADOPTED AS THE
STANDARDS OF PROFESSIONAL BEHAVIOR IN THE PARTICULAR
INDUSTRY (INSPECTING THE FACILITY & PLAYING SURFACES,
MAINTENANCE OF EQUIPMENT, ETC.).
3) THE STATUS OF THE PLAINTIFF (PATRON).

10. 6) WHAT ARE THE 4 GENERAL TYPES OF PATRONS?
1) INVITEE
-SOMEONE WHO HAS PAID A FEE FOR THE USE OF THE FACILITY.
-GAME TICKET, LIFT TICKET, ETC.
2) LICENSEE
-SOMEONE WHO HAS BEEN ALLOWED, WITHOUT EXPECTATION OF MONETARY
EXCHANGE, TO USE THE PREMISES.
-THE FACILITY MANAGER DOES NOT HAVE TO AFFORD A
LICENSEE THE SAME DEGREE OF CARE AS AN INVITEE.
-PUBLIC PARK.
3) TRESPASSER
-SOMEONE WHO ENTERS THE PREMISES WITHOUT PERMISSION.
-OWED ONLY THE DUTY NOT TO INTENTIONALLY HARM.
-SOMEONE WHO RUSHES THE FIELD.
4) RECREATIONAL USER
-AN INDIVIDUAL WHO USES ANOTHER PERSON’S PROPERTY WITH HIS/HER PERMISSION
& DOES NOT PAY A FEE.
-LANDOWNER DOES NOT OWE ANY TYPE OF DUTY TO KEEP THE PREMISES SAFE OR TO
POST WARNINGS ABOUT HAZARDOUS SITUATIONS.

11. FORSEEABILITY
-THERE IS A DUTY TO BE PROACTIVE IN PROTECTING
ONLY WHEN THE RISK IS FORSEEABLE BY A PRUDENT
PROFESSIONAL.
-THE TEST OF FORSEEABILITY IS FORESIGHT, NOT
HINDSIGHT.

12. 2) BREACH OF DUTY
-WHAT THE PROVIDER DID OR DID NOT DO TO PROTECT
THE INDIVIDUAL WAS NOT IN ACCORD WITH THE
STANDARD OF CARE A REASONABLE PRUDENT
PROFESSIONAL SHOULD PROVIDE.
OMISSION:
SOMETHING ONE DID NOT DO.
COMMISSION:
SOMETHING ONE DID DO.

13. 3) PROXIMATE CAUSE
-THE BREACH OF THE STANDARD OF CARE WAS THE
REASON THE INJURY OCCURRED.
-AN ACT FROM WHICH AN INJURY RESULTS & WITHOUT
THE ACT THE INJURY WOULD NOT HAVE OCCURRED.
“BUT FOR TEST”
-AN INJURY WOULD NOT HAVE OCCURRED BUT FOR THE
DEFENDANT’S NEGLIGENT ACT.

14. 4) DAMAGE
-THE INDIVIDUAL MUST RECEIVE PHYSICAL OR
EMOTIONAL INJURY
-NO DAMAGE = NO LIABILITY
7) WHAT ARE THE 4 BASIC CATEGORIES OF DAMAGE?
8) ECONOMIC LOSS
9) PHYSICAL PAIN & SUFFERING
10) EMOTIONAL DISTRESS
11) PHYSICAL IMPAIRMENT

15. DEFENSES AGAINST LIABILITY

16. PRIMARY ASSUMPTION OF RISK
-AN INDIVIDUAL HAS VOLUNTARILY PARTICIPATED IN AN
ACTIVITY THAT INVOLVES INHERENT OR WELL-KNOWN
RISKS.

17. IMPLIED PRIMARY ASSUMPTION OF RISK
-IT IS EVIDENT BY THE CONDUCT OF ACTIONS
(PARTICIPATION NOT SIGNING DOCUMENTS) OF THE
INDIVIDUAL THAT THE PARTICIPANT HAS VOLUNTARILY
TAKEN PART IN AN ACTIVITY THAT INVOLVES INHERENT
OR WELL-KNOWN RISKS.

18. EXPRESS ASSUMPTION OF RISK
-THE PARTICIPANT SETS FORTH IN WORDS (VERBALLY OR
WRITING) THAT HE/SHE ASSUMES THE INHERENT RISK OF
THE ACTVITY.

19. 8) WHAT IS A WAIVER?
-A CONTRACT IN WHICH THE PARTICIPANT/USER OF A
SERVICE AGREES TO RELINQUISH THE RIGHT TO PURSUE
LEGAL ACTION AGAINST THE SERVICE PROVIDER IN THE
EVENT THAT NEGLIGENCE OF THE PROVIDER RESULTS IN
AN INURY TO THE PARTICIPANT.

20. 10) FOR A FACILITY OR EVENT, WHAT ENTITIES ARE
GENERALLY RESPONSIBLE IN A NEGLIGENCE SUIT?
4) EMPLOYEES
5) ADMINISTRATIVE/SUPERVISORY PERSONNEL
6) CORPORATE ENTITY

21. 11) WHAT IS AN INDEMNIFICATION CLAUSE?
-AN AGREEMENT BY WHICH ONE PARTY AGREES TO
INDEMNIFY OR REIMBURSE ANOTHER ON THE
OCCURRENCE OF AN ANTICIPATED LOSS.

22. 13) WHAT ARE INHERENT RISKS?
-RISKS INTEGRAL TO THE ACTIVITY.
-IF REMOVED FROM THE GAME, WOULD ESSENTIALLY
ALTER THE SPORT.
-THERE IS NO LIABILITY FOR INJURY THAT OCCURS DUE
TO INHERENT RISKS OF WHICH THE INJURED
PARTICIPANT IS KNOWLEDGEABLE OR SHOULD BE
KNOWLEDGEABLE.

23. DISCUSSION:
-A MAN IS TRAPPED INSIDE A BOX THAT HAS 100 LOCKS ON IT.
HE GETS OUT WITH NO STRUGGLE. HOW?
-MATT, PAT SUMMITT, PENGUINS/FLYERS, 100 MOST
INFLUENTIAL PEOPLE, FENWAY PARK
TODAY:
-SBJ ARTICLES DISCUSSION QUESTIONS ARE DUE.
-WE WILL FINISH OUR DISCUSSION OF CHAPTER 10.
-WE WILL DISCUSS THE 2 SBJ ARTICLES.
HOMEWORK:
-TRAVIS CURRENT EVENT FOR MONDAY.
-READ CHAPTER 11 & ANSWER DISCUSSION QUESTIONS.