fw275 legal aspects in exercise science

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Chapter 12Introduction to Law that Affects

Exercise Science


United States Legal System Overview Local State Federal

Each level is comprised of three branches that create laws Executive Legislative Judicial


Criminal and Civil Law Criminal Law

The body of state and federal law that declares what conduct is criminal

Prescribes penalties for violating the law In order to convict a criminal, it must be shown

that they committed the crime beyond a reasonable doubt


Criminal and Civil Law Civil Law

The body of state and federal law that pertains to civil, or private rights that are enforced by civil actions

Plaintiff Defendant

The criminal law standard requires that a jury find the criminal 100% guilty while the civil standard requires the jury to find the defendant 51% guilty


Anatomy of a Civil Lawsuit Filing of a complaint by plaintiff Defendant retains services of an attorney Defendant’s attorney files an answer Discovery phase Request to produce evidence Interrogatory Deposition


Anatomy of a Civil Lawsuit Two types of witnesses may be called

Fact witnesses Expert witnesses

Final closing statements Verdicts


Tort Law An area of civil law involving an infringement

by one person of the legally recognized rights of another

Three levels of fault Intentional Negligence Strict liability


Tort Law Intentional Torts

Disturbances of intangible interests (e.g., invasion of privacy, defamation)

Interference with property (e.g., trespass to land) Interference with person (e.g., assault, battery,

false imprisonment)


Tort Law Negligence

“Essentially failing to do something that a reasonable, prudent, and up-to-date person would have done under the same or similar circumstances or doing something that a reasonable, prudent and up-to-date person would not have done. Negligence may therefore arise from an act of omission or commission.” Dougherty, Goldberger, and Carpenter (2007)


Tort Law The vast majority of lawsuits brought against

exercise science professional allege negligence Examples

Failure to provide reasonable: Exercise instruction Exercise progression Supervision Inspection and maintenance of equipment


Tort Law Foreseeability Omission Standard of Care

ACSM’s Health/Fitness Facility Standards and Guidelines

Contributory Fault


Tort Law Strict Liability

A term given for liability regardless of fault Product Liability Workers Compensation Respondeat Superior


Contract Law Area of civil law What is a contract?

An agreement that can be enforced in court When two or more parties exchange binding

promises


Contract Law Four elements of a binding contract

Agreement Consideration Contractual capacity Legality

If any of these elements are absent, a contract will not have been legally formed


Types/ Classifications of Contracts Bilateral Contracts

Both parties exchange promises Unilateral Contracts

A promise in exchange of an act Void, voidable and unenforceable contracts


Breach of Contract A binding agreement is not honored by one

or more of the parties Not a crime or a tort The breaching party may be required to pay

compensatory damages


Specific Applications to Contract Law in Exercise Science Field Waivers Independent Contractors Purchasing/Leasing Equipment

Waivers--When someone signs a waiver, he/she agrees to release the exercise science program for any liability associated with negligence


Specific Applications to Contract Law in Exercise Science Field Independent Contractor

They are used by many exercise science programs to carry out various programs and services Examples

Group exercise classes Personal trainers Maintain/ clean facilities


Employee or Independent Contractor? How much control can the employer exercise

over the details of work? Is the worker engaged in an occupation or

business distinct from that of the employer? Is the work usually done under the

employer’s direction or by a specialist without supervision?


Employee or Independent Contractor? Does the employer supply the tools at the

place of work? For how long is the person employed? What is the method of payment--by a set time

period or at the completion of the job? What degree of skill is required of the

worker?


Specific Applications to Contract Law in Exercise Science Field Purchasing or Leasing Equipment

Contracts involving the sale of goods for a price of $500 or more or lease contracts requiring payments of $1000 or more, must be in writing

Article 2 of the Uniform Commercial Code (UCC) Article 2A


The Americans with Disabilities Act (ADA) A federal statute that prohibits discrimination

against otherwise qualified individuals with disabilities in situations involving: Employment (Title I) Public services (Title II) Public accommodations and services operated by

private entities (Title III)


Risk Management Controlling the financial and personal injury

losses from sudden, unforeseen, atypical accidents and intentional torts (Ammon and Brown, 2007)

Establishing an effective RM program consists of developing a RM plan, implementing the RM plan, and managing the RM plan


Risk Management The development stage consists of three

distinct steps: Identifying risks Classifying risks Choosing methods to treat the risks

Once a RM plan is developed, it must be implemented and managed.


Professional Organizations Sport and Recreation Law Association

(SRLA) Sport Lawyers Association Black Entertainment and Sport Lawyers

Association Marquette University’s National Sports Law

Institute The American Bar Association


Professional Opportunities The majority of professional opportunities in

exercise science as it relates to law are for those who obtain a law degree Juris Doctorate

Complete advanced academic studies in law May practice law in the many areas that

pertain to the exercise science industry Risk manager, consultant, expert witness