Tort law is the comprehensive study of the intentional or negligent injury to a person or his or her property. Tort law is the study of private lawsuits involving plaintiffs and defendants. Tort law is designed to compensate the plaintiff monetarily due to the tortfeasor's misdeeds whereas the fundamental purpose of criminal law is to punish the perpetrator-defendant. While the government must prove its case beyond a reasonable doubt in a criminal case, a private plaintiff in tort litigation must prove its case by a preponderance of the evidence. Tort law presents some of the most interesting cases to study.
Sports torts, of course, involve personal injuries that normally occur during a sports contest. Violent sports such as boxing, football, and hockey involve duels that outside of the sports contest would likely represent many different violent torts and even crimes. However, contestants in these sports often view such activity as an inherent part of the game.
Many courts view torts in sports as part of the game and refuse to award damages under the theory of consent. In other words, the participants themselves consent to what otherwise might be considered a harmful or offensive physical contact with another. Though most sports injuries are physical, one may sue for emotional and psychological damages and for damages to the athlete's reputation.
Is it obvious that sports fans who attend a contest expose themselves to injury? Are some sports more dangerous than others? Should athletes have the right to sue each other for their conduct, or do courts classify such behavior as an inherent risk in sports? This session will discuss such issues.
Date: January 25, 2017
Time: 10:00am to 10:15am PST
To learn more about Sports Law purchase the text Sports Law from Cengage Learning.
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Llynette Bealer has 20 years experience including working as the Office Manager/Bookkeeper for Junior Achievement of San Diego and various Business Improvement Districts in San Diego, CA. She has worked in mortgage bankruptcy for Chase Home Finance and various law firms.