DepartmentKinesiology: Professional Courses/Basic Activity Courses
Course CodeKIN 2503
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KIN 2503 Chapter 3: Legal Issues 9/11/2014
• Liability-legally responsible for harm to another.
• Tort- legal wrong “a wrong that can be proved legally”
• Intentional or Negligence
1. Intentional- assault, battery, wrongful death, fraud, etc.
2. Negligence- product liability, reckless, driving, medial, parenting, etc.
1. Nonfeasance= Omission; fail to perform duty.
2. Malfeasance= Commission; not legal to perform.
3. Misfeasance= Improper action; right to do
Negligence Required to Prove:
• Duty of Care
• Breech of Duty
▪ Do not fulfill agreement
• Resultant Damages
▪ #1 cause of Bankruptcy is MDICAL BILLS
Gathers vs. Loyola Marymount (CA):
• College basketball player had a heart condition, and they still let him play. He collapsed
during a game, died 2 hrs. later
Rashadi Wheeler vs. Northwestern University:
• Football player died in summer conditioning and had asthma, but he was also taking
Ephedra. Which caused his asthma to get worse.
Woodson vs. Irvington Board of Education:
• Track star who was recruited, went to 1 practice on tackling. Was not told how to tackle
correctly. Made a tackled and suffered neck injury.
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