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College and University Liability Arising Out of Athletic Activities  


Author:  Ralph Gerstein.; Lois Gerstein.


Source: Volume 14, Number 01, Fall 2012 , pp.3-7(5)




Campus Safety & Student Development

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Abstract: 

College students want to do more than just attend classes, and extracurricular athletic programs can enrich the lives of many students. For those who have potential as professional athletes, college sports can provide them with an opportunity to demonstrate their athletic skills while still obtaining an education whose value will last a lifetime. For the rest of us, who have the “soul” of an athlete but not the talent, intramural sports can provide badly needed exercise and relief from the stress of academic life. All athletic activities have some risk of injury, however, no matter how many precautions are taken. Colleges may be liable for athletic injuries where the college’s acts or omissions have unreasonably increased the risk of harm. Yet, if colleges proceed carefully, the doctrine of assumption of risk will protect them from liability in a large number of cases.

Keywords: Bukowski v. Clarkson Univ., 2012 WL 1986521, Maddox v. City of New York, 66 NY2d 270, Siegel v. City of New York, 90 NY2d 571, Zides v. Quinnipiac University, 2006 WL 463182, Gauvin v. Clark, 537 N.E.2d 94, Avila v. Citrus Community College District,

Affiliations:  1: CSSD Co-Editor; 2: CSSD Co-Editor.

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