Monday, February 14, 2011

Week 4 Sport Law Post

Discuss the concept of strict liability and provide a relevant example from the sport industry.

Strict liability is defined as legal concepts where liability results regardless of fault; often used in product liability cases. There is no need to prove that the defendant acted with negligence. You must only prove that "the product was defective when it left the defendant's hands, and the defect caused the plantiff's injuries" (Spengler , 38). Wikipedia uses the example of the owner of a Tiger. The owner could have the most sophisticated Tiger cage on earth. However, if the Tiger still finds a way to escape the owner is responsible for the damages even though they took strong measures to prevent the escape.

Here is a sports example taken from an article on A Sea of Blue: (http://www.aseaofblue.com/2010/9/22/1697467/ncaa-sports-strict-liability-and)

"The NCAA has recently adopted strict liability to some of its transgressions, or so they appear to say. The now-famous University of Memphis case involving Derrick Rose is the archetypal strict liability application on record in the NCAA when it comes to academic eligibility. In the NCAA bylaw context, the Committee on Infractions said in Memphis that it doesn't matter whether or not Calipari, the school, Rose, or God Himself knew about Rose's invalid college entrance exam. It doesn't even matter if it was declared invalid after the basketball season was over, and without dispositive proof of wrongdoing or even due process. All that matters is the fact that it was declared invalid, and that rendered Rose ineligible, period. No further inquiry required. No blame to Memphis, or Rose, or Calipari, or anyone else, but wins must be vacated."

Sports Law Related Article of the Week:

The NFL has filed an unfair labor practice charge against the NFLPA with the National Labor Relations Board. The NFL claims that the NFLPA is not working with the NFL in good faith. The current CBA expires on March 3rd, at which point a lock out is expected. From my point of view it appears that the two sides are posturing in the media to gain the public's support. While listening to the radio on my drive home today, one of the analysts said that the side that has the most unified front typically comes out ahead in these negotiations. He said the owners are presenting a unified front at this moment while the players are splintered. This is the first major labor dispute in sports since the explosion of internet based social media such as Twitter and Facebook. Already, many players have been in the limelight for their Tweets on the negotiations which occasionally run counter to what the NFLPA is presenting.

No comments:

Post a Comment