In this case the Court upheld the age-old doctrine of assumption of risk, affirming the inherent dangers of teeing off in golf. Despite a nasty trip on a tree root, the golfer was not entitled to recover for his injuries due to the primary assumption of the risk doctrine. This case sets a precedent for understanding the potential hazards of the…

The legalities around incidents in outdoor education (OE) are undeniable, and ignorance is not a defence. Using case study analysis specific to legal literacy, we extend this analysis to include the "7 Rights" framework and add two additional rights for consideration, referred to as the 9 Rights. This discussion organizes what is…

The doctrine of sovereign immunity in Florida has evolved over time as the common law and statutory environment within the state has changed. Public schools and public-school employees enjoy some level of immunity protection under both common law and statutory law. Nonetheless, Florida law creates a duty to provide a safe environment for students…

Nation-states have concerns about the health and wellbeing of their citizens and these concerns have directly or indirectly influenced educational reform and curriculum development. In 2000, China issued a directive of 'Health First' which applied to all elements of the education system. In its scale and scope, this represented a significant and…

Jennifer Bradley (plaintiff) was a junior year student athlete at the University in Washington, D.C. Bradley played field hockey for the university, and in September 2011, she was hit on the head during a field hockey game between the university and Richmond University. After that hit, she began experiencing symptoms of a concussion, but continued…

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,…

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,…

This article will highlight the details of Hass v. RhodyCo Productions (2018), which stems from the 2011 Kaiser Permanente San Francisco Half Marathon. Peter Hass, a runner participating in the marathon, crossed the finish line and promptly collapsed. According to witnesses, the response rate by race officials was slow and confusing, and it took…

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.…

Since March of 2020, educational communities have largely been in survival mode with little attention, time, or resources allocated to the ongoing work of school safety and violence prevention. Planning and implementing initiatives for a return to school cannot just focus on a return to "normal" because of significant increases in other…

Field trips offer inspiring opportunities for students to see theory in practice and participate in student organization competitions. They also include increased hazards and consequential risks that require special attention to safety planning and supervision. Teachers must be cognizant about strategies to mitigate these risks prior to planning a…

The catastrophic consequences associated with the mismanagement of concussions can threaten the health and well-being of student-athletes. The primary purpose of this article is to increase awareness of concussions and provide stakeholders--parents, coaches and athletic trainers--with an appropriate framework for concussion care at every level of…

Work-integrated learning (WIL) is a risky business for universities. WIL is a strategic risk worthy of pursuing by universities in the prevailing higher education environment, which is characterized by competition, changes in funding arrangements and stakeholder demand for WIL. Nevertheless the strategic opportunities that WIL presents cannot be…

This chapter addresses issues pertaining to students who are at risk, possibly due to a psychological disability. Some of the challenges institutions of higher education confront in addressing at-risk students' struggles are identified, with specific focus placed on risk management and evolving legal mandates. No content is intended to represent…

This eighth edition provides a current and comprehensive discussion of counselors' legal and ethical responsibilities, an examination of state and federal laws as they relate to practice, and helpful risk management strategies. Attorney Nancy Wheeler and Burt Bertram, a private practitioner and counselor educator, offer real-world practical tips…