Aquatic facility owners and operators are more likely today than ever to become involved in negligence litigation. Courts throughout the country are handing down decisions that create ever expanding liability and new areas of potential liability in the operation of aquatic facilities. In aquatic programs it is impossible to completely eliminate the risk of injury and death. However, it is possible to minimize that risk, and in today's litigious society, it has become imperative to do so. / The purpose of this legal case study was to identify legal precedents involving negligent liability in aquatic facility operation, particularly cases involving drowning, near drowning, and spinal cord injuries. A second purpose was to identify legal duties generally applicable to the standard of reasonable prudent care in judicial opinions involving negligent liability in aquatic facility operations. Legal principles associated with the legal duties were also identified. Recommendations for aquatic administrators concerning avoiding or reducing the risk of negligent liability were provided. The significance of this study ultimately was to provide aquatic facility operators, owners, and educators with a greater understanding of the legal issues surrounding negligent liability in the field of aquatic facility operation. / The traditional model for studying the judicial process served as the conceptual framework. Using traditional legal research methods, 132 state and federal cases, which were settled between 1970-1994, were identified. Analysis of the case law identified (a) legal precedents; (b) legal duties; and (c) legal principles which were established by the courts that may have an impact on aquatic facility operation. This research provides a framework upon which to evaluate and strengthen the legal dimension of aquatic facility operation. Based on the case law, guidelines and recommendations were provided which could reduce the risk of future negligent liability and assist in updating standards and policies for aquatic facility operation and education. / Source: Dissertation Abstracts International, Volume: 56-07, Section: A, page: 2605. / Major Professor: Dewayne Johnson. / Thesis (Ed.D.)--The Florida State University, 1995.
| Identifer | oai:union.ndltd.org:fsu.edu/oai:fsu.digital.flvc.org:fsu_77477 |
| Contributors | Connaughton, Daniel Patrick., Florida State University |
| Source Sets | Florida State University |
| Language | English |
| Detected Language | English |
| Type | Text |
| Format | 206 p. |
| Rights | On campus use only. |
| Relation | Dissertation Abstracts International |
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