USA Sports Law Case Study Example | Topics and Well Written Essays - 3500 words

USA Sports Law - Case Study Example Sports torts are "legal actions taken against professional athletes, teams, organizations and other parties in the sports field for a civil wrong done against and individual" (Epstein, 2008). In this case, Vikings will be accused of a tort against one of their spectators, Johnny Sharman. What Sharman will be fighting for is a recovery of the medical expenses incurred and other associated losses. This is because the injury was caused by the negligence on the part of Vikings. The courts may decide that Vikings owed a duty of care towards the fans that were attending their matches. Because Vikings breached that duty, the courts may rule that the defendant is liable to the damages that were caused by this negligence. There is the aspect of fans expectations. Sharman and his father, when they came to the field, expected to be protected from injuries arising from other spectators. It was the duty of the security agents of the club to refuse entry to the field fans who were drunk and who were liable to causing injuries to their fellow fans. This expectation may nullify the waiver on the back of the ticket. This expectation, though not stated on the ticket, was implied, or can be referred to as an officious bystander. The defence of Vikings will be that al fans "assumes the risk" of being injured during a game. This is expressly indicated on the back of the ticket, and a purchase of the ticket equals acceptance of the terms. As such, Vikings is partially liable or not liable at all. Sharman was negligent because he was not drunk, yet he went and sat together with drunkards who were likely to cause damage in the sport. Conclusion Vikings is either partially liable or not liable at all in this case. It is not fully liable given the fact that they had taken the precautions of erecting the wire mesh and inserting the waiver clause on the ticket. Sharman is partially or fully liable because the ticket indicates that he is liable, and he went to sit with drunkards. Question Two: Billy Rogers' NBA Draft Legal Memorandum Your recent problems, as Billy Rogers and an athlete at State University, stem from the fact that you are unable to attain the relevant academic qualifications for the forthcoming NBA draft. Your bane has been the refusal by the New School to admit you for the independent degree program, whereby you could have acquired a degree and qualified for the draft. It is my understanding that you have made three trials, all to no avail. It is only after the third trial that you became aware of the alleged irregularities with which your application was handled. Allegations of plagiarism and dropping of some topics from your dean led to the school admission officials' overturning of the decision