Flashcards in Risk Management Definitions Deck (12)
A defendant's defense to a claim that may include assumption of risk, duress, statue of limitations or failure of contract.
Language in an agreement designed to make the participant waive or appear to waive any legal rights, or that appears to release the program/provider from liability for negligence.
Language that attempts to require a participant to reimburse the provider should another party bring a claim.
In Loco Parentis
The provider takes the "place of the parent".
Laws of Consortium
Damages may be sought by a spouse whose husband or wife has been hurt or killed by another.
"Let the master answer" for the acts of an employee acting within their scope of employments.
Refers to the percentage by which awards may be reduced based upon the risk assumed by the participant.
Allows a court to determine the defendant's fault/negligence and the plaintiff's contributory fault/negligence
A wrong doing against a person who suffers damages.
Assault, fraud, slander, misrepresentation.
Wrong doings based on negligence.