Bruce B. Hronek - Legal Liability in Recreation and Sports

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Page i Legal Liability In Recreation And Sports Bruce B. Hronek, MLS John O. Spengler, J.D. SAGAMORE PUBLISHING Champaign, IL 61820

Page ii 1997 Bruce Hronek and John Spengler All rights reserved. Book and cover design: Michelle R. Dressen Editor: Susan M. McKinney ISBN: 1-57167-129-3 Printed in the United States Sagamore Publishing 804 N. Neil Champaign, IL 61820 http://www. sagamorepub.com

Page iii This book is dedicated to students and the practitioners who make daily risk management decisions and face the ever-present shadow of litigation. The authors' wives, Sylvia Hronek and Mariah Spengler, provided encouragement and some level of sanity during the writing of this book. The authors would also like to recognize the supportive role of their parents and families.

Page v CONTENTS Acknowledgments viii Foreword ix Introduction xi PART 1: FOUNDATION Chapter 1 Risk Management and Legal Liability 3 Section 1 Trends in Risk Management 3 Section 2 The Risk Management Process 6 Section 3 Categories of Legal Liability 11 Chapter 2 Negligence 15 Chapter 3 Law Enforcement, The Judicial System and Governmental Immunity 23 Section 1 Law Enforcement 23 Section 2 The Judicial System 28 Section 3 Governmental Immunity 30 Chapter 4 Insurance 35 Chapter 5 Defenses to Negligence 41 PART 2: INTENTIONAL TORTS Introduction 55 Chapter 6 Harm to Persons 59 Chapter 7 Trespass 71 Section 1 Trespass to Land 71 Section 2 Trespass to Chattel and Conversion 75

Page vi Chapter 8 Defenses to Intentional Torts 79 PART 3: CONSTITUTIONAL RIGHTS Chapter 9 Human Rights Liability 95 Chapter 10 Due Process, Privacy, Speech and Religion 103 Section 1 Due Process 103 Section 2 Privacy 106 Section 3 Speech and Religion 110 Chapter 11 Discrimination 117 PART 4: PERSONNEL RISK Chapter 12 Employee Termination 129 Chapter 13 Sexual Harassment in the Workplace 135 Chapter 14 Employee Safety and Health 145 Chapter 15 Seasonal and Part-Time Employees 149

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