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Copy of Assessing risk in Sport

Legal factors for assessing risk in Sport

kes aleknavicius

on 3 July 2013

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Transcript of Copy of Assessing risk in Sport

is here
Legal Factors that influence health
and safety in Sport
Assessing risk in Sport
Unit 3
Legislation: Health and safety
at work act
Different types of Law
Statutory Law
Law set by a legislatire - Government/EU
Written Law
Good example - Law
surrounding murder.
Relate to sport - EU Bosman Case
Jean Mark Bosman
Boxing Promoters need
to be licensed
Civil Law
Law that deals with disputes
between individuals, organisations
Compensation is often
paid in Civil courts
Someone damages property
playing football: Owner of property takes
player to civil court to try and get compensation

In 1980 civil action commenced against a council in West Yorkshire by an ex-pupil of one of their schools who had used and unattended trampoline left in an unlocked sports hall and became paralysed following the accident.
Case Law
Judge-made law
Recognises precedents
Does not Recognise precedents
Usually based on individual cases and the judge makes the decision regarding the case and this decision can then affect proceeding cases.
Regulatory Bodies
HSE is the national independent watchdog for work-related health, safety and illness.

They are an independent regulator and act in the public interest to reduce work-related death and serious injury across Great Britain’s workplaces.
Health and Safety Executive
This body is appropriate
to all activities
Local authorities
local educational authorities

Other regulatory bodies
Regulate H&S at a county level SCC
Make sure that Schools are safe
Adventurous Activities Licensing Authority
National Governing Bodies of sport
Specific Regulatory Bodies
Adventure activities licensing authority ensures that activity providers follow good safety management practices.

These should allow young people to experience exciting and stimulating activities outdoors without being exposed to avoidable risks of death or disabling injury.
In loco Parentis
Duty of care
Your employer has a 'duty of care' to look after, as far as possible, your health, safety and welfare while you are at work. They should start with a risk assessment to spot possible health and safety hazards.
Higher Duty of care
Doctor not looking after
a sports injury properly.

Where there is a danger of severe injury or death an higher duty of care exists
In the first 'negligence' case a woman developed gastro-enteritis after swallowing a snail contained in a bottle of ginger beer. Lord Atkin, the judge who heard the case, decided that she was entitled to some form of compensation. He ruled that the manufacturer had a 'duty of care' towards its customers and in this instance had been negligent - and the law of 'negligence' was created.
A criminal case must be proved 'beyond reasonable doubt.' A civil case only has to be proved on the 'balance of probabilities,' i.e. it is 'likely' that the defendant is guilty.
Full transcript