Edition 08/2001
Prevention
Before Cure
"Avoiding
lawsuits starts with knowing your negligence potential - and becoming
proactive."
This
statement opened an article written by Carrie Morrow in the June 2001
edition of the US published Athletic Business magazine. The
article specifically referred to fitness centre management however
some of the listed areas of potential liability are just as applicable
to the management of sporting organisations. The article
identifies that there are a number of areas of recurring liability and
that lessening the risk of these liability exposures could easily be
accomplished if more attention was paid and simple
procedures were put in place.
Following
are common areas of potential liability:
Premises/Facilities
Liability. The most obvious and relatively easy to manage is
premises liability. Conduct a physical inspection. Is
there debris on the playing field, holes in the turf or sprinklers
uncovered? Is there a water leak or loose gravel causing
slippery conditions on the court? Is electrical cord placement a
potential trip hazard? Are weights safely stored on secure
weight stacks in the gymnasium? Is equipment being used in the
manner for which it was intended? These are examples of the
questions that should be asked.
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Mitigating
premises liability is a two step process - be aware of the potential
problems, and fix them. Fail to do this and your members and
other visitors are at risk on your premises - and you are at risk of
paying damages to them.
Improper
Maintenance or Supervision. Are all facilities and equipment well
maintained and in good working order? Do you have regular
inspections, with appropriate documentation? Do all participants
know how to correctly use the equipment? Is qualified
supervision provided during all activities, particularly whilst
equipment is being used? Do all coaches/trainers have
appropriate knowledge, expertise and accreditation to provide proper instruction
and coaching? Observe the "duty to warn" principle if
equipment is being misused or if the risk of injury is increased due
to incorrect technique.
Failure
to Warn. A duty exists to warn of the inherent risks of
participation. In addition to warnings provided as part of the instruction
process it is common that participants are required to sign a release
of liability or waiver of liability. These forms are important
and appropriate wording is vital. Upon a member choosing to
participate they should be made aware of all possible dangers that may
result from his or her actions. Continued
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