Posts Tagged: negligence
November 21st, 2011
How to Know When You Need to Call a Lawyer!
Shelley Timms, B.A., LL.B., LL.M.
Timshel Services Inc.
Alcohol Risk Management
Timshel@timshelservices.com
Liability issues are faced by everyone. It does seem that there are more lawsuits and more ways to be sued but some of the risks have not changed. For the Student Union Manager, there will always be students, some considered to be ‘children’ in the eyes of the law; there will always be those who want to take risks; and there will always be alcohol (and drugs).
The following is a primer on some of the basics to keep in mind when planning activities with the Student Union (SU) Board and running the Union.
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July 19th, 2011
Matt Campbell, J.D.
Assistant Director, Campus Recreation
Marshall University
Acknowledging the most feared four letter word in Campus Recreation is the first step in understanding it : R-I-S-K.
Risk…there, it’s out in the open. And now that it has been acknowledged, perhaps we can move beyond the knee-jerk reaction and discuss how risk is controlled, or in legal terms, mitigated. Because as scary as risk may be, nothing is more terrifying than finding out your plan to control that risk is inadequate or outdated.
This article will explore why risk is such an ominous topic for recreation professionals, what the current standard is for mitigating risk in campus recreation, and where the legal decisions are trending with regard to mitigating risk.
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July 19th, 2011
Matt Campbell, J.D.
Assistant Director, Campus Recreation
Marshall University
In Part I of this article, we discussed the risk assessment tool developed by Peter Sandman dubbed the “Outrage Model.” In the Outrage Model, Sandman defines risk as hazard plus outrage. Applying this model to risk in campus recreation, we can assign hazard as the objective factor, such as the safety of a playing surface or wear and tear to equipment, and outrage as the subjective factor, such as the criticism and emotional reaction to these hazards. These criticisms and emotional reactions have lead to an increase in litigation and a paradigm change regarding assumption of risk. In Part I, a table showing which jurisdictions are likely to uphold a waiver or assumption of risk clause and which are not was produced. In this article we will outline how to move away from legal jargon and develop an effective, dynamic waiver document.
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July 14th, 2011
SportRisk: Table of Contents 
CHAPTER 1: Introduction
CHAPTER 2: Negligence
1. Why is Negligence such a Big Deal?
- Our Litigious Society
- Impact of Increased Litigation on Sport/Recreation
2. Negligence
- Tort Law
- What is Negligence?
3. Establishing Liability for Negligence
- Establishing Negligence
- Duty of Care
- Standard of Care
- Actual Harm
- Proximate Cause
- Liability for Negligence
- Personal Liability
- Vicarious Liability
- Products and Premises/Occupiers Liability
- Defences against Negligence
- Contributory Negligence
- Voluntary Assumption of Risk
- Waivers
4. Negligence and the Courts
- The Legal Process
- What to do in the Event of a Lawsuit
CHAPTER 3: The 5 Key Risk Areas
1. Supervision & Instruction
- Qualifications & Certifications
- Supervision Ratios
- Lesson Plans & Progressions
- Job Descriptions
- Matching Participants
2. Training
- What Training is Required?
- Who Needs to be Trained?
- Training Grids
3. Facilities & Equipment
- New Facility Design Issues
- Inspections
- Maintenance
- Inspection and Maintenance Checklists
- Signage
- Facility and Equipment Modification
- Natural Hazards
4. Documentation
- Risk Management Manual
- Waivers
- Medical Screening
- Risk Information
5. Emergency Response Plan
- Emergency Planning Process
- Training
- Rehearsals/ Drills
- Equipment
- Communication
CHAPTER 4: Risk Management Planning
1. Risk Management: What’s it all about?
- What’s all the Fuss?
- Defining Risk Management
2. The Role of Insurance
- The Cornerstone of your Risk Management Plan
3. Keeping it Simple
- Don’t Sweat the Small Stuff
4. Focus on High Risk Areas: The Risk Matrix
- Risk Matrix: Probability vs. Severity
5. Risk Management Planning
3 Step Process:
- Step 1: Prioritize High Risk vs. Low Risk
- The Risk Matrix
- Step 2: Conduct an Audit/ Risk Assessment
- The 5 Key Risk Areas
- The Key issues in each Risk Area
- The Key Audit Questions
- Step 3: Develop Action Plans
6. Organizing for Risk Management
- The Risk Management Committee
CHAPTER 5: Special Policy Areas
1. Transportation
- Four Key Areas (Vehicles; Drivers; Passengers; Emergency Response)
- Trip Administrator
- Trip Leader
2. Sport Clubs
- Reporting Structure
- Coaches
- Travel
- Emergency Care
- Other (Waivers; Medical Screening; Safety Officer; Alcohol/Drugs; Hazing;)
- Sport Clubs Manual
3. Summer Camps
- Staffing
- Supervision & Training
- Emergency Response
- Documentation
- Facilities & Equipment
- Other (Behavioural Issues; Medications; Transportation; Insurance)
- Summer Camps Manual
4. Disease Control
- Bloodborne pathogens
- Infectious Diseases
5. Alcohol & Drugs
- Policies
- Facility Rentals involving alcohol
6. Event Management
- Five Key Areas
- Event Management Checklist
7. Contracts
- Facility Rentals
- Personnel
In today’s litigious society, can you afford not to have this book?
To order, go to www.sportisk.com/resources