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Assessing Risk in Sport - Unit 3 - Legal Factors

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by

Mr Terry

on 27 January 2014

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Transcript of Assessing Risk in Sport - Unit 3 - Legal Factors

Assessing Risk in Sport - Unit 3
Legal Factors

Lesson Aim and Objective (s)
LO1 - To be able to identify 7 legal factors which impact upon health and safety in sport

LO2- To be able to describe 7 legal factors which impacy upon health and safety in sport

LO3- To be able to explain 7 legal factors providing sporting examples for each
In addition to various legislative factors which impact upon sport, there are legal factors which also need to be considered
Lesson Recap
1) What is the Manual Handling Operations Regulations (1992)?

2) What is the Health and Safety (first-aid) Regulations (1981)?

3) What is the Fire Safety and Safety of Places of Sport Act (1987)?

4) What is the Adventurous Activities Licensing Authority Regulations (2004)?

Any policy or procedure that is enforceable by law

Failure or non-compliance results in prosecution
What are legal factors?
What are legal factors?
Identification of legal factors
Statutory (criminal law).
Civil law
Case law
Loco parentis
Duty of care
Higher order duty of care
Negligence

In your group you are each to research and describe 1 legal factor that affects health and safety in sport.

You are to make notes and be prepared to brief the class on your findings.

You have 15 minutes to complete the task
Group Activity # 1
Statutory Law (Criminal Law)
A crime is an offence against the state. Criminal cases are heard in a Magistrate’s court or Crown Court.

The main sanctions of a criminal court are fines and/or imprisonment. The sanctions are intended as a punishment, to deter and to reform.

Statutory legislation : Relating legislation to law. e.g. Reasonably practicible
Civil action is brought by individuals and is heard in County Courts. The purpose of Civil action is used to seek remedies beneficial to the individual (damages) often in the form of financial compensation.

Civil cases are settled out of court (90%) of accident claims are settled in this manner). The reason for this is that the details of the claim are often more cost- effectively addressed without the additional cost of court time.

Civil Law
Case Law
Case law is formed from the decisions (rules and principles of law) of cases previously judged in court over the years.

The ratio dedidendi (reason for the decision) is binding on courts of equal rank considering the same case of law.

In Loco Parentis

The term in loco parentis, "in the place of a parent", refers to the legal responsibility of a person or organisation to take on some of the functions and responsibilities of a parent.

Duty of Care
Under the Health and Safety at Work Act (HSWA) 1974, it is the duty of every employer and employee to, so far as is reasonably practicable, ensure the health safety and welfare at work of all persons (staff, visitors, themselves) in their care in the workplace.
3 Principles -
Does a duty of care really exsist?
Is there a breach of duty?
Did the breach cause damage or loss to an individuals person or property
Sports Coach UK
Higher Duty of Care
It is recognised that there is a higher duty of care owed to children and young people and this is something that those working in sport with children and young people must reflect. The occupiers Liability Act (1957) suggest that an occupier must be prepared for children to be less careful than adults would be in a similar situation.
Further consideration for children with Learning and medical conditions
Negligence
Careless conduct injuring another, breach of duty of care and injury, damage or loss resulting from or caused by that breach.

The court system within the UK has a definitive structure that all legal cases have to go through.

A person who has been injured may seek financial compensation if they can show that someone has been negligent and that it was that negligence that caused them the injury.

Group Case Study
SCENARIO - During a professional football game, the defendent made a strong tackle against the claiment, WINNING THE BALL. The referee deemed the tackle to be within the rules of the game and signalled for the game to continue. Shortly after, the referee had to stop the play when he realised that the claimant had suffered a serious injury. The claimant was taken to hospital and was so badly injured that he was not able to play professional football again. The claimant wanted to sue the defendant for negligence.

1) Was the defendant liable?

2) Make reference to previous legal discussions!
Learning Recap
1) What is meant by negligence?

2) What is meant by a higher duty of care?

3) What is case law and how is it used?

4) What is meant by duty of care?
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