2011 Legal QuadriviumLinda Jean Carpenter, Ph.D., J.D.

LcarpentBC@aol.com

I promise to do my duty . . .

but, what’s my duty?

Sources of Duty:

ContractsRelationshipsStatutory

Sources of Duty:

ContractsRelationshipsStatutory

Battle of the ‘Shoulds’

RulesPoliciesStandardsLegal Duties

Negligence Elements:

DutyBreach

CauseHarm

Duties

SuperviseWarn

Teach proper technique

Safe facilities, equipment

Provide access to medical help

Appropriate progressions

Etc., Etc., Etc.

Negligence Elements:

Duty“Protect from the

foreseeable risk ofunreasonable harm.”

Captain’s Practices

Intersection of duty and rules

How is a DUTY

like SPAM?

??

DUTY can be

shared butNOT shrugged.

Liability for abreach of duty

(that causes harm)

USC Strength Coach Sued for Negligence in Athlete's Injury Published Jan 25, 2011

Ensuring Safety in the Weight Room

Stafon Johnson filed

a personal injury

lawsuit against

strength coach Jamie

Yanchar and USC

because of a neck

injury Johnson

sustained.

The NSCA is recognized in the sports medicine and

fitness industries as the gold standard for

strength and conditioning certification. According to this book, the spotter’s primary

role is “to protect the lifter from injury”

Does a duty exist? Why?What is the duty?

Who defines the duty?

What is the significance ofstandards, rules, policies?

Know it and do it.

I promise to do my duty . . .

but, what’s my duty?