Risk Liability Scenario Negligence

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Risk management is the logical procedure of recognizing, evaluating and assessing the hazards associated with risks, and developing the appropriate strategies to minimize and control the adverse effects of the risk. Knowledge of risk management is essential for every recreational practitioner as it has the potential of reducing liabilities. By learning about risk management, the owner of a recreational facility can identify risks and avoid them or at the very extreme plan for worst-case scenarios. For participants in a recreational activity, risk management is essential as it provides them with knowledge of removal of hazards and management of risk in recreation. The paper discusses the concept of risk management in a risk liability scenario…show more content…
The staff member should have been more careful about the placement of the two games. In a case of negligence, courts usually have four procedures for determining a defendant's liability. First the court considers whether the defendant is liable, and then it considers whether he is liable for the stated negligence. In the third procedure, the court determines whether the defendant can escape liability. Finally, it examines what damages he has to pay (Zipursky, 2015). The plaintiff has the onus of proving by a preponderance of justice that the defendant owed him a duty of care and that the defendant breached that duty. He should demonstrate that he suffered actual harm and that the defendant's carelessness was the proximate cause of the injury suffered. Even in cases where the plaintiff contributed to the injury by standing in the way knowing they can be injured, the plaintiff will still be entitled to damages from the defendant as is stipulated in Title 42 Section 7102 of the 2010 Pennsylvania Code (Zipursky, 2015, p.2152). In light of the above explanation of negligence, apart from staff members of the student activity room, the supervisor, manager and the owner of the place, in this case, the sports and recreational department of Penn State University will be held liable in the event of an…show more content…
Identifying the risks involved in the particular case scenario included a visitation to the student activity room and the taking of photographic evidence of the risk liability. There had also been complaints from the students about the potential hazard. The injuries likely to happen in this case scenario include injuries of body parts such as eyes, face, and back sustained by the ping pong players and passersby.
Consequences of this risk liability may include the occurrence of subsequent risks such as ethical injuries that may occur due to the room losing goodwill from the students. According to American Sports Data Inc, sports injuries in the United States are becoming more prevalent (Lee, Farley & Kwon, 2010). Without proper risk identification procedures, poorly run recreational programs could result in a negative reputation for the institution. Legal risks may also occur as a result of legal suits by students against the responsible parties. Other consequences include the suspension of the two games programs and the closing down of the student activity room.
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