Examples Of Negligence In Sports

Players cannot return to the game or cannot return to practice until they have been cleared from the team doctor as well as a neurologist

Nurse Rodgers did not know the substantial risk of harm. She was uninformed and ill-trained when she analyzed the x-ray. Negligent about potential risks, she mistakenly did not perform a follow-up examination and promptly diagnosed Jones’ wrist as a sprain. She did, however, give him a brace. A brace that Emerson Jones did not wear on his own accord when he was playing basketball perfectly fine, as testified by Senior Guard Burgundy and Emerson Jones himself. It was for that reason that Nurse Rodgers’ negligently denied Emerson Jones medical

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The movie Varsity Blues is riddled with sports related injuries. The audience is shown the dangers of playing while injured, as well as the consequences of the immense pressure put on student athletes. In almost all cases of injury in the movie, the treatment of these injuries is carried out entirely wrong. While watching the movie, the audience sees injuries ranging from torn ligaments and muscle strains to a broken nose, a concussion, and dehydration.

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Avoidable injuries occur

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Over the past decade, the increase in participation from recreational sporting activities to organized has increased significantly (Taniguchi, 2003). With more individuals taking part, the amount of injuries has escalated and the amount of negligent lawsuits soon followed. The courts have had to acclimate themselves and look at sporting injuries through the lens of tort law (Harvard Law Review, 2008). The landmark case in the state of California, Knight v. Jewett, the state supreme court upheld the original ruling that participants who knowingly cause injury to another contestant outside of the normal rules of conduct while participating in a sporting activity, are liable or negligent, changed the course how courts would rule in tort cases (Harvard Law Review, 2008). Hence, tort law is now a leading point of discussion in athletic and physical education departments in our local school districts (Taniguchi, 2003). Included in the discussion is intentional tort, when a player injuries another participant purposely (Wolohan, 2013). For intentional tort to be ruled on, three essentials must be present: 1.an injury must have occurred, 2. the cause of injury is due to a negligent act, 3. the act that caused the injury must be intentional (Wolohan, 2013). Thus, the merging of recreational activities, extreme sports, and physical education programs, intentional tort law will be looked at in the school setting.

Thus, wilful and wanton or reckless conduct allows the court to gauge what is and is not permissible conduct under the circumstances. Second, as the court recognized in Nabozny, courts must strike a balance between "the free and vigorous participation in sports" and the protection of the individual from reckless or intentional conduct. (Nabozny, 31 Ill.App.3d at 215, 334 N.E.2d 258.) Third, the court believed that applying an ordinary negligence standard would allow virtually every participant in a contact sport, injured by another during a "warm-up" or practice, to bring an action based on the risks inherent in virtually every contact