The case of "Pellham v. Let's Go Tubing, Inc." (2017) is the result of the plaintiff striking a fallen log in the river after he fell off an inner tube he had rented from the defendants. The plaintiff sustained a ruptured eardrum, lower-disk problems in his back, a radiating foot pain, and eventually a neck fusion. The plaintiff alleged…

Ensuring the safety of learners is paramount in schools, particularly in workshops where hands-on learning takes place. Mechanical Technology teachers bear the responsibility for ensuring learners safe participation in activities, guided by specific safety management elements that dictate their duty of care and legal obligations. This paper…

This article will highlight the details of Colombo et al. v. Bombadier Recreational Products, Inc. et al. in the context of how the three defendants could have better managed the safety and risks to their customers and their own liability. These recommendations will illustrate issues around negligence, product liability, employee training,…

In August 2012, Barbara Fakhouri visited Ober Gatlinburg, a ski resort located in eastern Tennessee to vacation with her family. Ms. Fakhouri used a wheelchair to ambulate. Despite the absence of snow on the ground, the resort operated year-round with many amenities such as an amusement park, restaurant, lounge, and shopping center to captivate…

This article analyzes "McGarry v. Philly Rock Corp." On March 16, 2011, Rebecca McGarry and her husband went to the Philly Rock Corp. (PRC) indoor climbing gym where they had twice climbed previously. The couple decided to try bouldering, a style of climbing lower to the ground in which the climber uses bouldering pads instead of ropes,…

The organizers of youth baseball leagues, whether it be community recreation leagues, Babe Ruth, Carl Ripkin, Dixie Baseball, or Little League, must be highly conscious of safety when establishing rules and regulations governing the league. Further, it is important that all coaches have the proper training before being allowed to coach a team.…

This document provides policy recommendations of the Council for Children with Behavioral Disorders (CCBD) regarding the use of physical restraint procedures in educational settings. It includes (a) an introduction with definitions of terminology; (b) a discussion of the problems with the use of physical restraint, policy on this topic, and the…

In December 2009, Janette Ferguson traveled to Corpus Christi, Texas, to participate in the Harbor Lights Festival boat parade. The day prior to the festival, Ferguson spent the night on her family's sailboat that was kept in a slip on the city marina's C pier. Upon waking the following morning, Ferguson walked to the marina's bathroom facility to…

Softball is a popular sport in the United States and continues to grow internationally. It is a team sport that enables females and males of all age groups to participate. Softball is an enjoyable and exciting sport and provides significant health benefits, such as enhancing fitness as well as upper- and lower-body strength. Additionally,…

Physical education teachers are often focused on the many benefits of physical education to students, but there must also be a consideration of risk. How can the risks in physical education be minimized to maximize the benefits? One way to accomplish this goal is to increase physical educators' understanding of the legal risks related to…

Sport is an increasingly important area of society both inside and outside of the school environment although this has not always been the case. Greater interest in sports policy is also emerging at both a European and International level with the prospective of a "Rights" based approach developing. The safety of those playing sport is…

In 2011, Adrian Arrington filed a class action lawsuit against the National Collegiate Athletic Association (NCAA) on behalf of himself and other athletes who had sustained concussions that resulted in long-term injuries. In the lawsuit, Arrington alleged that the NCAA employed a negligent approach to concussed student-athletes.

The focus of this article is liability of higher education institutions for off-campus housing. In the off-campus housing context, the "assumed duty" theory was determinative in a 2006 Delaware Supreme Court case. A student was assaulted by the boyfriend of another student in the parking lot of off-campus housing. The housing was…

Hazing in public schools is a significant problem that may result in serious physical or emotional harm to students who are victims. According to experts in the field, each year more than 1,500,000 American students become new hazing victims. Hazing also results in legal challenges for school personnel. The courts consider public schools to be…

Physical assault against school personnel is a serious problem, although not highly publicized. This workplace violence can result in debilitating injury to school employees along with major monetary costs. This article looks at legal issues that address physical assault against school personnel as well as the roles professional associations have…