Methods of Government Negligence Protection for Provision of Physical Activities

Autor:	Merry Moiseichik
Rok vydání:	2014
Předmět:	Statute Government Balance (accounting) Land use State (polity) Law media_common.quotation_subject Damages Business Tort Recreation media_common
Zdroj:	Journal of Legal Aspects of Sport. 24:43-61
ISSN:	2325-2162 1072-0316
DOI:	10.1123/jlas.2014-0016
Popis:	The purpose of this article is to identify how the balance between the competing interests of citizens’ need to recover damages from injury and the governments’ interest for providing services without jeopardizing community budgets is accomplished. The article examines the different mechanisms used for negligence protection and how they have changed over time to create that balance. Using content analysis, all 50 state laws concerning tort immunity, recreation land use statutes, hazardous recreation statutes and insurance award caps in tort claims acts were reviewed. The hypothesis that if a state waived immunity, the state would find another method to protect communities so that they could provide the activities their citizens demanded was shown to be true. All but seven states have found a method to protect themselves and provide services.
Databáze:	OpenAIRE
Externí odkaz:	https://explore.openaire.eu/search/publication?articleId=doi_________::5ebc09970aba142d44cc557bf4221fa6 https://doi.org/10.1123/jlas.2014-0016 Zobrazit plný text záznamu