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ARTICLE · 09 NOVEMBER 2012

Play It Safe Or Risk Civil Liability Suit

Providing a safe playing environment is paramount for all associated with amateur athletics and professional sports.

United StatesLitigation, Mediation & Arbitration

Providing a safe playing environment is paramount for all associated with amateur athletics and professional sports. Sports officials also must understand the legal reality: Failure to enforce safety rules can result in head, neck or other injuries to players leading to possible civil liability for the official.

Every state's civil law includes a duty to act with reasonable and ordinary care and skill. For instance, in California, Cal. Civ. Code §1714, sets forth the basic duty that one is responsible for injuries to another resulting from one's failure to exercise ordinary care or skill. Relevant standards of care are found in industry regulation (American Society for Testing and Materials, American National Standards Institute, etc.); crash standards for automobiles; FDA hygiene and sanitation standards, EPA clean water standards, etc. In sport, proper play standards are rules.

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