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School Sport Injuries and Negligence

In: Other Topics

Submitted By glassar
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Every school year, millions of students participate in school sports. Participating in school sports has grown from an estimate 4 million students playing a sport in the early 1970's to about 7.7 million in 2011. Unfortunately school principals, athletic directors and coaches cannot guarantee that students will remain accident free while participating in any sport. In today's litigious world, schools, and staff can be subject to a lawsuit. Over the past few decades, more tort cases have been filed. A tort concerns civil wrongs and address the duty, breach and injury sustained to one individual as a result of another's conduct. The premise is that a person who is injured could be able to recover something from the person who injured him or her. Usually, in a tort case, injured parties typically seek monetary damages. In an educational setting, tort law is the prevalent area of the law that subjects educators to personal liability. There are a variety of torts, which can basically be divided into three types of torts: (1) intentional torts, the intent to do harm to a person, (2) negligent torts, no intent to do harm to a person but to fail to exercise proper care and (3) strict liability, actions that causes damages regardless if the person is not at fault or negligent. Of the three categories, intentional and negligent torts tend to be more common types of tort actions in school sports settings. However, the vast majority of tort liabilities applicable to school situations are based on negligence. The tort of negligence is an unintentional tort that focuses on an individual's behavior or actions. It differs from intentional torts, which focuses on an individual's state of mind or intent. Normally, it is quite difficult to find a school or a coach liable for a student's injury during a sporting event. Recovering compensation…...

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