kin3532.21 - Inherent Risk-normal/integral to the activity...

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Inherent Risk -normal/integral to the activity that can't be eliminated w/o changing activity Negligible Risk -field maintenance not performed, improper med. treatment Elements of Negligence -legal duty to plaintiff -breach of duty -breach must cause injury primary assumption of risk -plaintiff may not recover for an injury received when the plaintiff voluntarily exposed herself implied primary assumption of risk -no signature express assumption of risk -verbal/writing waiver -contract where a participant/user agrees to relinquish right for legal action agreement to participate vs. assumption of risk agreement -different formats, but essentially the same Activity related -injuries are activity related to the lessee Premise related Equipment rental Indemnication agreement -one party agrees to reimburse another after anticipated loss pure comparative fault -ward to the plaintiff is reduced by the % of fault assigned to plaintiff modified comparative fault -plaintiff is not entitled to recovery if the plaintiff is substantially at fault fed/st. tort claims acts -rescinded gov. immunity Good Samaritan statutes -protect those rendering aid to victims in emergencies shared responsibility & statutory assumption of risk statutes -protect rec. providers from injuries via inherent risk trends -increased immunity for service providers/employees/volunteers 2.22 Sovereign Immunity = Gov. immunity -does not extend to officers/agents/employees of the gov. entity Gov/Proprietary Doctrine -classified functions as a gov. function (immune) or proprietary (liable)
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Discretionary acts -immune
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This note was uploaded on 06/15/2011 for the course KIN 350 taught by Professor Warner during the Fall '09 term at University of Texas.

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kin3532.21 - Inherent Risk-normal/integral to the activity...

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