In essence, the concept of product liability is an expansive area of study in understanding the legal application in sporting products. The product liability concept is applicable under tort law and provides legal redress for a party who has been hurt by sports product. The tort law interprets whether the injuries caused by the product were due to the products defects during the design, manufacture, or distribution. Evidently, playing sports exposes the players and the supporters to unforeseeable risks that may cause injuries or threats to life. Notably, there are sports that have minimal risks of contact like athletics. However, other sports like baseball, tennis, hockey, and cricket require the use of sports equipment that may potentially …show more content…
Notably, the class of potential defendants in a product liability is extensive; it may include everyone in the distribution chain of the product (Wong 2010). The defendant may range from the manufacturer of the product to the seller or the lessor of the product. In addition, anyone who services the product or installs the product after purchase may stand liable in the event that the product is defective. Principally, the basis of action in a product liability litigation are the negligence, intent, strict liability, breach of implied warranty of merchantability, and general misrepresentation (Wong 2010). In practice, prosecutions in product liability have significantly relied on the Third Restatement of Torts, on section 402A (Wong 2010). The law, in this case, defines a defect as "unreasonably dangerous to the user." The extension of the product manufacturer liability in the recent years is perhaps the most outstanding changes were seen in the Anglo - American legal systems (McWilliams & Smith …show more content…
The ever-growing competition among sportspersons makes field vibrant with new trends always emerging. Specifically, product liability has been on the rise because of the increasing manufacturers of sports products and the growing demand for the same products. For this reason, the quality of the product during and after manufacture may be compromised owing to various factors. In this respect, an array of scholarly work has been conducted with the aim of expounding on this
...e in the case of a lawsuit pressed against them. These policies usually have guidelines and limitations, which must be considered before enrolling in a plan. Education and supplemental training is another useful risk management resource. This can be done by achieving and maintaining additional certifications in areas such as first aid, CPR, AED, or any intervention applicable to the clinician’s setting. Continuing education is a valuable opportunity for professional’s to continue acquiring knowledge and training even after their didactic coursework is completed. All of these methods demonstrate proper utilization of resources to minimize and control the probability of harm or injury to the athletes. Proactive risk management is crucial to the sports medicine professional in preventing negative situations and protecting themselves from liability in potential lawsuits.
Cherry, E., Sealey, D., & Mangialardi, L. (1991). Understanding the risks. Journal of Sport Management, 5(2), 198.
On the 1st of October in the year 2017, the defendant, in this case, the supermarket was found liable for the case Susan injury in the supermarket's premises. The hip injury on Susan’s hip which was a result of the slipping over a squashed banana. The presence of the squashed banana in the premises was an outright sign of negligence and recklessness by the supermarket's staff. (Damage law)
The MLB is exempted from antitrust laws and that started years and years ago. Baseball is exempt because the government and the court system view baseball as just a game, not a business. Baseball continues to enjoy being immune to antitrust laws because the government is unwilling to overturn legislation from decades ago that stated baseball was for fan enjoyment not a business. In 1903 it was ruled that players could not shop their service around to other teams to increase their salaries. The team they played on owned that player’s service for their entire career. The team could sell or trade that player but the player could not simply sign with another team on his own accord.
Since the origin of sports, there are various levels of risk that come along with the game and the evolution of protective gear has dramatically increased with the hopes of decreasing the probability of injuries. These days high contact sports have their players covered with state of the art helmets protecting their heads and pads over half their bodies to that help reduce injuries. Sports like baseball and softball that don’t have as much physical contact limit their rules on safety requirements to catcher’s gear and batting helmets. However, a debate on whether further inclusion of protective gear should be implemented for specific positions in softball continues to be controversial, but the full incorporation of this requirement remains
The engineer breached the duty of care through failing his/her duty to warn by providing insufficient warning on the limitation of the application. His/her software application caused the structural firm to designed a defective bridge and was the direct cause of many deaths. The junior engineer should be held liable for his/her product due to the principle known as product liability. This is evident in the case study because deaths and injuries due to defective product as a result of the software were foreseeable. Looking at the 1971 case of Lambert v. Lastoplex Chemicals Co. Limited et al., the manufacturers must not only instruct the user how to properly use the products but also warn the user the consequences of misuse []. This precedent case proves that the engineer failed to warn the structural firm of the limitation of the application as well as failed to warn the consequences of using the application beyond its capabilities. However, the information technology firm may be held vicariously liable for the mistake of the junior engineer as he/she developed the software application during his/her employment. The reason being the employer generally has deeper pocket than the employee [] and the collapse was a result of the junior engineer developing the application under the authority of the employer. Thus, the junior engineer is one of the tortfeasor to which the information firm maybe vicariously liable for his/her
In the second section I will be looking at negligence and injuries in football and how they differ from non football negligence and injuries. Part 1 The Law of Negligence Negligence occurs in many areas of civil Law. Negligence consists of three elements, namely a legal duty to take care, breach of that duty and damage suffered as a consequence of that breach. The test for establishing whether a duty of care is owed is based on the famous case of Donaghue v Stevenson 1932 AC 562 and the neighbour principle set out by Lord A... ...
Cross, Frank B., and Roger LeRoy Miller. "Ch. 13: Strict Liability and Product Liability." The legal environment of business: text and cases, 8th edition. Mason, Ohio: Cengage Learning Custom Solutions, 2012. 294-297. Print.
Nike does not merely sell products these days. They spend billions of dollars for advertising contracts with famous athletes like Tiger Woods to increase the value of the brand by associating the factor of lifestyle to their products. The company's image has been damaged many times by press releases as well as a variety of NGOs who have long pointed out the inhumane working conditions in the production facilities of sporting goods manufacturers. This leads to the question whether should Nike orientate the regulations of the suppliers to the labor standards in their respective countries or those in the United States? The labor conditions are so inhumane that Nike at least should try to converse to the US standard to improve the situation. The following analysis of an abstract of Nikes’ Responsibility Concept, including SHAPE and their Code of Conduct, should give an insight into the difficulties of the Sweatshops.
The spectator that attend to a game are usually conscious about some rick assisting to outdoor games. Usually they are wise enough to sit behind a screen protector in foul balls areas or the protective glass, such as Hockey games. At the same time owners and people who organize sporting games and activities, are also informed and attentive to the risk of injury to spectators. When we assist to those games we accept the risk that involve and, even when accidents happen sometimes, It is our own choice and at our own responsibility. We can see in every game lots of foul balls in baseball and many hockey pucks, for example, “slamming” against the screen and the glass protection but, sometimes, somehow, unfortunately a few will hit a bystander or
In a modern day culture where sports are one of the biggest stages, it is crucial to conduct these studies to have the knowledge on how to successfully implement technology in sports. So for my research question, I want to ask, does sports benefit from advancements in technology? REVIEW OF LITERATURE: Player
In today’s society, especially sporting activities involving youth and young adults, it is imperative to ensure the safety of those involved. When an individual is injured either physically, emotionally or both, there is the concern of legal action towards coaches and the association conducting the sporting activity (Wolohan, 2013). The litigious culture that Americans live under has produced a heightened awareness to avoid negligence in athletic activities through proper training and education (Wolohan, 2013). Negligence is defined as an unintended accident that has caused injury to a person or material goods without a premeditated plan of action to cause pain and suffering (Yiamouyiannis, 2008). For that reason, the
Injury prevention is very important and needs to be taken seriously in sports and everyday life. In some cases the use of a helmet or seatbelt can save your life. Some injury prevention items are pads, helmets, gloves, shin guards and many more. Almost every sport require injury protection equipment that will keep you safe when you get hit, kicked and punched. Our project will Inform you how to keep yourself safe, the injuries that can occur in sports and the safety equipment that is needed to play a sport.
Another reason we should buy more equipment for sports is because kids will learn life lessons. In the Notebook: Kids and Sports video, Katie Couric said, “getting into the game is an important life lesson for all ages.” (Notebook) Kids will learn more life lessons playing sports than going home right after school. These lessons might include teamwork,
Sports are a great way to bring people together and encourage friendly competition among people from all walks of life. In general, a sport is usually some form of physical game or activity performed by two or more people. One such example would be golf, often dubbed the "rich man 's sport" throughout its history. Golf has undergone many changes since its creation in the early 15th century, but has remained one of the more expensive sports as far as equipment costs go. When discussing the impact that different technological advancements in the materials used in golf have had, I 'm mainly looking at how these adjustments have improved performance.