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Journal article
Gender Analysis in Sports Litigation: Give Her What She Is Worth
Journal of legal aspects of sport, Vol.8(3), pp.141-155
09/1998
Abstract
How much value should be placed on a girl's lost limb compared with that of a boy? Which gender is worth more dead than alive? Do women receive higher emotional distress awards in sports injury cases? If there is a disproportionality between gender based awards, could that disparity stem from men tra-ditionally playing more potentially injurious sports such as football or simply because men are still considered the primary breadwinners by many juries:7 Jhese represent some key ques-tions which have been raised concerning the current state of our judicial system and the man-ner in which damages are awarded in personal injury cases. One key concern associated with damages awards has been pain-and-suffering, a form of damages which represents real damages, but is impossible to accurately quantify (Gifis, 1984). The Department of Justice's Tort Policy Working Group recommended in 1986 that caps be placed on pain-and-suffering awards as they are subjective, unpredictable, and substantial (Geistfeld, 1995). Pain-and-suffering has gained significant attention as it covers a wide range of intangible injuries such as fright, grief, anxiety, indignity and nervousness (Geistfeld, 1995). However, the questions still remain: do women suffer more than men? And if women suffer more grief, why aren't they compensated more than men?
he following study was undertaken to analyze whether damages awards in sports liti-gation cases are proportionally equal between genders. This article first examines past research concerning jury awards and gender. Next, sur-vey results will be compared to past research to determine if women are undercompensated in the sports litigation process. Lastly, the article concludes with an analysis of the implication the research data has toward possible future areas of inquiry.
Details
- Title
- Gender Analysis in Sports Litigation
- Publication Details
- Journal of legal aspects of sport, Vol.8(3), pp.141-155
- Resource Type
- Journal article
- Publisher
- Sports and Recreation Law Association; United States
- Format
- link
- Identifiers
- 99380465109206600
- Academic Unit
- Commerce; Lewis Bear Jr. College of Business
- Language
- English