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Vanderbilt Journal of Entertainment & Technology Law

Nick White

First Page

193

Abstract

Since the 1970s, colleges have not been liable for their adult students' actions or injuries, but courts have since delineated many exceptions to this rule. This Note will analyze the effect of college involvement in club sports as to whether it creates a duty for a college to protect its club athletes and those they might injure. This Note will also examine whether such a duty might exist in the future if the current trends in the law and college policy continue unchecked. Finally, this Note will address the effectiveness of the current defenses to liability and the effect of college regulation in the context of a college student's desire to participate in club sports. The exculpatory agreement, or assumption of risk form, has become the modern day answer to countless liability issues. As with most legal defense mechanisms for liability, however, there are exceptions to its applicability--this Note will determine whether a student who becomes injured or causes injury to another individual while participating in a club activity calls for such an exception.

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