Legal

One Push-up too Many – the Risks of Training the Out-of-Shape

April 07, 2011

Katharine M. Nohr, Esq.
Nohr Sports Risk Management, LLC

Considering the growing trend of obesity, even amongst young people, sports and recreation programs will continue to be faced with training and offering services to the out-of-shape individual. To what extent is a duty owed to protect someone who has not worked out for a long time against the risks inherent in starting up a physical fitness program? Very recently, a California appellate court addressed this issue in Rostai v. Neste Enterprises, 138 Cal.App.4th 326 (2006)

What is the duty owed to protect someone who has not worked out for a long time?

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Recent Court Cases

April 07, 2011

Katharine M. Nohr, Esq.
Nohr Sports Risk Management LLC

Below are summaries from court cases across the nation that are hot off the press, decided in August and September of 2007. As always, when reading summaries of court decisions, it is important to note that this is no substitute for reading the entire decision which includes details of the relevant facts, case law and state and federal statutes that are applicable as well as analysis of the court’s decision. Simply because a court decides something in one case does not mean that it will apply to your situation and so it is important to talk to an attorney licensed in your state if you have any questions.

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The Ball Is In Your Court: Depositions 101

April 07, 2011

Depositions 101:
What to do if your Deposition is Taken

Katharine M. Nohr, Esq.
Miyagi Nohr & Myhre, Honolulu

Do you sometimes wonder why you are documenting your facility inspections and creating all of those incident reports? Someday, when your organization is embroiled in litigation and you are faced with having your deposition taken, you may appreciate the written record that you so carefully made. When your deposition is taken, you may have the benefit of having an attorney that represents your organization meet with you in advance and possibly represent you during your deposition. However, that might not be the case. Witnesses to incidences do not necessarily have counsel and oftentimes have their depositions taken with barely an understanding of what it is all about. The following information will hopefully orient you to the deposition process so that if you find yourself experiencing the pleasure of being grilled by a shark wearing a lawyer’s suit, you will know what to expect.

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The Ball is in Your Court: Goalpost Safety

April 07, 2011

Goalpost Safety

Katharine M. Nohr, JD
Nohr Sports Risk Management, LLC

If your organization uses goalposts in football, soccer, or any other sport, you should make yourself familiar with an Indiana case that is hot, well maybe, warm off the press, Bourne v. Gillman, 452 F.3d 632 (7th Cir., June 20, 2006). If you’ve read this opinion, you are probably wondering what a products liability case in which an injured fan sued the manufacturer of the goalpost has to do with you. A look at the history of the case as described by the court will reveal some startling facts that might be relevant to your organization.

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Occupiers’ Liability Part I: Invitee

April 07, 2011

Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com

Editors Note: In the US, this is referred to as ‘Premises Liability’.  While there may be differences from state to state, the principles are essentially the same.

Over the next three issues of the Newsletter, Occupiers’ Liability will be explored, with each part focusing on the three categories of ‘visitor’ to a property — invitee; licencee and trespasser.

Occupiers’ liability was initially developed in the common law. Over time (several hundred years), judges began to develop the duties and obligations owed by the occupier of property to those who could be expected to enter and use the property. The occupier is the person or entity in control of the property, and therefore, includes a renter and lessee as well as owner. Occupation could be for as little as one day or evening, such as renting a hall for an event or a field for a game. Property or ‘premises’ can be mean land, structures, water, ships/vessels, trailers or other portable structures and vehicles not in operation.

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15-PASSENGER VAN USE IN CAMPUS RECREATION

April 07, 2011

Jeff Elbracht
University Recreation Associate Director
Washington State University

The risks involved in using 15-passenger vans has become prevalent in the news over the past few years. From frequent newspaper articles to a full feature in 2002 on ‘60 Minutes’, the hazards of 15-passenger van travel have become well documented. In October 2005, 15-passenger van use once again came to the forefront: nine of eleven students were killed when a van driven by a Utah State University professor blew a tire while traveling at an estimated 95-100 miles per hour on the highway (Salt Lake Tribune, October 2005). What was once viewed as an essential and affordable means of transportation for universities, schools, churches, and YMCA’s is now viewed as a high-risk activity that can often result in rollovers, accidents, and even death.

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