What is the “Heightened Duty of Care” in a sports injury lawsuit?
In a sports injury lawsuit in Hawaii, the concept of “Heightened Duty of Care” is important to consider. This is a duty that is imposed on the responsible party to provide a higher standard of care for the plaintiff than would be expected under normal circumstances. When it comes to sports, coaches, trainers, and other personnel are entrusted with the responsibility of providing the highest level of safety possible to players. In a court of law, if a plaintiff can demonstrate that a heightened duty of care was not met, they may be able to pursue legal action against the responsible party. Generally, this heightened duty of care includes a responsibility to provide safe facilities, thoroughly train, and demonstrate a level of care that is in line with industry standards. For example, if a coach fails to provide adequate protective gear or fails to supervise properly, they may be found to have acted negligently. This heightened duty of care is typically seen in youth and amateur sports, since coaches and other personnel are usually not qualified to provide the same levels of care as a professional sports organization. In Hawaii, the “Heightened Duty of Care” is also applicable in medical malpractice cases, as well as situations involving individuals with mental disabilities. In cases like these, when someone’s health and wellbeing are at stake, it is important to demonstrate that an appropriate duty of care was provided. If this duty was not met, the responsible party may be found liable for the plaintiff’s damages.
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