Sports Law Midterm

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Bearman v. Notre Dame 1983 Ind. Appellate
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risk management man knocked down, does the school have a DUTY to protect their game attendees from injuries caused by 3rd parties
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Cases in common with Bearm v Notre Dame
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Hayden v. Notre Dame
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Kleinknecht v Gettysburg College (3rd Circuit 1993)
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Risk management case, negligence case recruited lacrosse player died after falling down on field and there being no one to offer medical attention and no plan in place received care he died. YES has a duty to its recruited player that it needs to provide reasonable medical care and an emergency plan in place because it is FORESEEABLE that a player could be harmed during practice
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Mogabgab v. Orleans Parish (1970 LA)
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high school football player gets no care and is denied care by coaches. There is a duty owed by the school to its athletes to provide reasonable medical care and have an emergency action plan for care
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Similar case to Mogabgab v. Orleans Parish
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Kleinknecht v. Gettysburg College
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Crawn v. Campo (N.J. 1994)
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negligence player in an informal sport injures another what is the standard of duty from one player to another?? Policy case about promoting sport and avoiding tons of suits Was it the player's duty to avoid inflicting physical injury on another player ***the court concludes the duty of care for participants in informla recreational sports is to avoid inflicting injury caused by reckless or intentional conduct. *agreed with the trial court not the appellate court and finds the heightened standard is the standard
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Nabozny . Barnhill (App. 1975)
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Rules are there for a reason and should be respected. The goalkeeper took a knee and and the defendant ran into him and kicked his head inside the penalty zone Will the court impose a duty when it wants to promote sport \" however some of the restraints of civilization must accompany every athlete onto the playing field\" court finds a duty and uses a reckless disregard for the safety of the other player or if deliberate, willful
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Rawling Sporting Good Company, Inc. v. Daniels (TX Appellate Court 1981)
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Product liability Gross negligence Failure to warn product wouldn't protect from harm layman believe it is its purpose IT DEFINES GROSS NEGLIGENCE = entire want of care conscious indifference to the rights or welfare of persons affected by it
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Dudley v. Schmitt (Ind. App 2 Dist. 1972)
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Product liability case Negligence case Failure to warn of specific danger that was FORESEEABLE Failure to include operating instructions and safety tool use instructions
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Hayden v. University of Notre Dame
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college case Negligence case Spectators in the stands (DUTY) Football lands in stands which isn't deflected any net and no ushers/security Harm is foreseeable - they used to have ushers get the ball
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Eddy vs. Syracuse
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duty with school and athlete frisbee and ran into the glass causing harm The gym did have a duty and could have covered the glass even though the students playing didn't attend that specific university
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Aramark Case
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alcohol causes duty to become present at the Giants game bribe to give more and two year old dies enough testimony and he was sued
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