Case Study : Duty Of Care

The Tort of Negligence put the claimant in the position to prove that the defendant owed to them a duty of care, the defendant breached that duty and the claimant must have suffered damages as result of that breach (Donoghue v Stevenson [1932] AC562).

Baseball is known as America’s pastime and is one of the most popular, respected sports on earth. Since the beginning of the sport, it seemingly advances with technology every year making faster and stronger players. The use of steroids became rampant and spread among players and has carried them away from the true history of the game they play. Controversy still today runs around the sport today about fines, punishments and record breaking. The past two decades of Major League Baseball have been tainted because of the use of performance enhancing drugs, also known as steroids, causing the loss of many fans and the true meaning of America’s favorite sport.

Throughout the history of America’s pastime, baseball has continually battled scandals and controversies. From the 1919 “Black Sox” scandal to the current steroid debate, baseball has lived in a century of turmoil. While many of these scandals affected multiple players and brought shame to teams, none have affected a single player more than the 1980’s Pete Rose betting scandal. Aside from the public humiliation he brought his family and the Cincinnati Reds, nothing has done more to hurt Pete Rose than his lifetime ban from baseball making him ineligible for hall of fame. While many are for and against putting Pete Rose in the hall of fame, the four ethical theories, Kantianism, Utilitarianism, Egoism, and Ethical Realism, each have their

Before Football, Basketball or Hockey, Baseball was America’s favorite pastime and a global phenomenon. Baseballs rich heritage and purity gave it a mass appeal not just in America but across the world. However, even the purest games can become corrupt, and over time Baseball has lost much of the integrity and credibility it once had. What caused the downfall of baseball? In many ways it all starts with Chicago White Sox throwing the 1919 World Series. The goal of this paper will be to examine the 1919 Black Sox Scandal, and how this scandal reshaped Major League baseball and Baseball worldwide, through its lasting impact. The paper will examine the causes of the Black Sox Scandal, such as lack of proper pay and the direct role World War I played in it. The paper will then

Before the sport of baseball was tainted, it was initially just a growing sport amongst working middle-class people, whether they were playing or simply watching. The first professional team was formed in 1869 and was soon joined by eight other teams which formed the first national league for the sport of baseball. A few years after existence, the national league was struggling to stay afloat. Many team owners ruled with in an extremely strict manner. Athletes who put forward complaints were often fired and blacklisted. The first case of gambling within a baseball game happened the year 1877. Members of the Louisville Grays purposefully lost the game for money and claimed it was because they hadn’t been paid yet. Shortly after, baseball was turned into a booming business with the brand name “Spaulding” coming to rise in selling sporting goods. Eventually a new league of baseball was formed and came out on top as the favorite amongst the nation. While the players were enjoying the new conditions thanks to Spaulding, they were still ruled under extreme strictness. Players were being dictated and their complaints weren’t given any attention whatsoever. Despite many efforts to counter the strictness of the league, players were still put under poor conditions which may have caused the Black Sox Scandal to happen in the first place (Pearson).

However, it is the leagues duty to care for its athletes. The assumption of risk could also become a defense for the league. The NFL players knew that football presented risks to their safety. Football is a contact sport and several risk factors are involved in the game (Hanna, 2010).

Major League Baseball’s (MLB) commissioners are debating about the anabolic steroids situation that is occurring in professional baseball today. To many professionals are getting accused of using the harmful drug. Professional baseball players are getting tested twice a year for anabolic substances throughout the course of the regular season. In order to stop steroids in MLB, commissioners should pass random drug testing. Tony Larussa stated, “By having random drug tests, it would make the game of baseball true once again.” Steroids are ruining the game of baseball, and the commissioners need to decide on something soon. By having random drug tests in Major League Baseball throughout the season, it would fix the problems that baseball is

The MLB has had an uproar of issues when it comes to the use of substances. The biggest issue that the MLB focuses primarily on is the use of steroids. An even bigger issue that should be highlighted is the use of chewing tobacco while playing the game. When something becomes known as possibly life threatening, the logical explanation is that it is illegal or illegal for people under a certain age. In this case being illegal is not the explanation, when in fact this substance is the cause of over 400,000 deaths every year. Tobacco is the commonly used substance responsible for these hundreds of thousands of deaths every year. In response to the many hazards that come with tobacco use, the Major League Baseball Association is trying to outlaw

The sports of the generation has shifted. Baseball, America’s grand sport was introduced to America in the 1860s bring us the joy of the game during a time of civil unrest. This small game hearted Americans as the best sport in the nation. Things are different; the game of baseball have been hit with some serious questions about plaguing the game today. The most sensation that burst onto the scene, which the glory days don’t last forever. The obvious thing is that baseball is not America’s national pastime anymore for numerous of reasons. The baseball season is too long, the games are slow and boring to watch, and the steroid era is taking over the

This is happening all over the Major League Baseball association. Researchers have been trying to find way to keep our players safe without ruining the concept of the game. They need to research this topic likes it global warming almost 14% of athletes are in the hospital due to baseball injuries. Showing to people that you are passionate to a cause, will make others want to join the fight.

"Genuine League Baseball is without further ado re-evaluating all issues identifying with fan wellbeing, comfort and wishes." The case states that there are 1,750 preventable injuries for consistently realized by foul balls and broken bats,then are every sort of fan who are constantly at risk of certifiable

To prove the commissioner’s negligence, the tortfeasor’s conduct must be the cause in fact of the damages suffered by the injured party. A required link between the breach of duty and the damages caused helps to prove a cause in fact relationship. Most courts apply the “but for” test (But-For Test Law & Legal Definition, n.d.). The plaintiff must prove that if the commissioner had not breached his duty, fan injuries would be nonexistent at MLB games. Baseball has a high level of uncertainty, often called a “game of inches.” (Kepner, 2008) A level of safety measures applied to ensure absolute safety to all MLB fans is impossible. The only possibility may be to change the game itself by asking pitchers not to throw baseballs in a way that

All three of these cases take place over different time periods. Though in the first case, the “Boston Garden” was held liable for the injury sustained by a spectator, as the years went on, things changed. In the 1987 case involving Karen Friedman, the court held the father responsible and asserted that the Houston Sports Association did everything they needed to protect themselves from premises liability and spectator injuries. Lastly, the 2009 case confirmed that “no duty was breached” and that the stadium or team was not held liable for the terrible injuries Emilio Crespin endured (Law Justia, 2009). Over the seventy-year period that these cases took place over, you can say how though once held liable, stadiums have set standards in place to protect themselves from injuries that fan may suffer. Spectator injuries and cases involving premises liability continue to influence the business of the sport industry.

The second piece of evidence demonstrating the criteria related to critical thinking is the legal case study, Duty to Uphold Standards of Care, completed in NUSC 5273 Law, Policy, and Procedure in Healthcare in the Fall semester of 2016 (Appendix B). The objective of this assignment was to analyze a malpractice case and conclude what type of law was involved, survey risk management processes and arrive at a conclusion of how malpractice in this setting could have been averted.

The main idea of the law of negligence is to ensure that people exercise reasonable care when they act by measuring the potential harm that may foreseeably cause harm to other people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of property of personal injury. Therefore, a person cannot be liable for something unless they have been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke, 2005). There is more to