Legal Considerations

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Author:
cheerios258
ID:
270090
Filename:
Legal Considerations
Updated:
2014-04-10 15:31:15
Tags:
ACSM
Folders:
ACSM
Description:
ACSM Legal Considerations
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  1. Define Inherent Risks
    - Those that happen simply as a result of participation in physical activity

    - They are no one's fault
  2. Negligence
    • - Due to fault
    • - Carelessness of the participant or professional
  3. Injuries caused by Product Liability are...
    defects in equipment which manufacture is held responsible.
  4. Where is Statutory Law enacted?
    enacted through the legislative process
  5. Administrative Law
    formed by numerous administrative agencies that exist at both the federal and state levels
  6. Case law
    derived from written court opinions and is sometimes referred to as common law.
  7. The law is created from which branches?
    From the 3 branches of government at both federal and state levels.
  8. Administration law is enacted where?
    Executive branch
  9. Case Laws are enacted from which branch of government?
    The judicial branch.
  10. The injured member of the fitness facility would be called?
    plaintiff
  11. What would the fitness facility be considered to be, the plaintiff or the defendant?
    defendant
  12. True or False. The Tort law involves three levels of fault.
    True.
  13. What are the 3 levels of fault in regards to the Tort Law?
    1. Intentional or conduct that requires the intent to cause harm to another.

    2. Negligence or careless conduct that causes harm to another.

    3. Strict liability
  14. Vicarious liability
    - employers are held responsible for negligent act of the employees

    • - Is imposed upon employers under the legal doctrine of respondaet superior.
  15. What are the 4 elements that a plaintiff must prove in a negligence lawsuit?
    • 1. Duty
    • 2. Breach of duty
    • 3. Causation
    • 4. Harm and damages
  16. What are the 2 defenses used by defendants in negligence cases?
    Assumption of risk and wavies.
  17. Primary assumption of risk is used against what types of injuries?
    Injuries in which the plaintiff knows, understands, and appreciates the inherent risks and voluntarily assumes those risks.
  18. What is a wavier?
    Is a defense based upon contract law
  19. What are contract laws?
    Waviers, informed consents, employment contracts for employees and independent contractors, membership contracts, and purchase and lease agreements.
  20. In order for a contract law to be valid, what must it contain?
    • 1. Agreement of offer and acceptance.
    • 2. Consideration
    • 3. Contractual capacity
    • 4. Legality
  21. What laws should fitness professionals be familiar with?
    • Americans with Disabilities Act (ADA)
    • OSHA's
    • Bloodborne Pathogens Standard
    • HIPPA Privacy Rule and Final Nondiscrimination Rules
  22. define Risk management
    defined as a proactive administrative process that will help minimize liability losses for health/fitness professionals and the organizations they represent
  23. What are the 6 strategies to minimize legal liability?
    • Personnel
    • Preactivity screening
    • Fitness testing and prescription 
    • Instruction and supervision
    • Equipment and Facility
    • Emergency Action Plans

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