Other Voices

Pertinent articles by other professionals in the field

Expert Witness: Teaching Gymnastics On Macadam

By Tom Bowler

Gymnastics can be a high risk activity in physical education.  Some school districts have eliminated this curriculum area because of potential liability associated with it.   I was retained in 2007 as the expert witness for the plaintiff child in a physical education class involving gymnastics.

Fact Pattern:  The plaintiff was an eleven year old female enrolled in a mandatory fifth grade physical education class in a public school.  The curriculum area was gymnastics,

Illinois Court Enforces Waiver Signed By Volunteer

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By Alexander “Sandie” Pendleton
of Kohner, Mann & Kailas, S.C.

Relating to this  published previously article,  Dan McKinney reports (Feb 23, 2012) the following update:

Just an addition to the current Personal Injury Lawsuit pending in the Illinois Appellate Court – Regarding the Gross Negligent Severe Injuries caused by Employees, Directors , Etc. of The Salvation Army – Adult Rehabilitation Center in Springfield , Illinois .

Skateboard Immunity Update

Editor’s Note: We already know that risks abound in sport and recreational activities. There are, however, many defenses available that can serve as protection from liability. A major defense that is sometimes available for providers is immunity. Immunity comes in many forms, but today’s article focuses on immunity that is available for a particular sport – skateboarding. Similar immunity statutes exist in some states for other activities (e.g., snow mobiling, equine activities, sport shooting, outfitters and guides,

Types of Background Checks on Volunteers

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This timely article is 1 of 5 being re-run in light of the Penn State sex scandal!

By

John Sadler, Sadler & Company, Inc.

Part IV – FBI Checks

This is Part IV of a 4 part series about the types of background checks and their importance when using volunteers. An authority in the field of sport insurance, John discusses four types of background checks: 1) sexual offender registry checks,

Types of Background Checks on Volunteers

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This timely article is 1 of 5 being re-run in light of the Penn State sex scandal!

By

John Sadler, Sadler & Company, Inc.

Part III– 3rd Party Vendor Checks

This is Part III of a 4 part series about the types of background checks and their importance when using volunteers. An authority in the field of sport insurance, John discusses four types of background checks: 1) sexual offender registry checks,

Types of Background Checks on Volunteers

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This timely article is 1 of 5 being re-run in light of the Penn State sex scandal!

By John Sadler

Part I – Sexual Offender Registry Checks

This is Part I of a 4 part series about the types of background checks and their importance when using volunteers. An authority in the field of sport insurance, John discusses four types of background checks: 1) sexual offender registry checks, 2) local law enforcement criminal background checks,

When Appointing Volunteers Make No Assumptions

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By

This timely article is 1 of 5 being re-run in light of the Penn State sex scandal!
D. Michael Pfahl,
President, DMP Consulting, Inc.

This article first appeared in Sadlersports.com and serves as an excellent concluding article for the John Sadler series on background testing.

Call it “sixth-sense”, “gut-feeling” or that “little voice” we all have it and make the conscious choice to listen or ignore it whenever it makes itself known.  Have you ever wondered if every person who was willing to say yes and step up to help as a volunteer should have even been asked in the first place? 

Three Approaches to Providing an Opportunity to Bargain

By  Alexander “Sandie” Pendleton

Waivers have failed, at least in part, due to the failure of the signer to have an opportunity to bargain over the terms of the contract. (Atkins v. Swimwest Family Fitness, 2005) Several tactics have been suggested to prevent a waiver from being adhesionary or unconscionable due to the lack of opportunity to bargain.

On the issue of bargaining, importantly, the Atkins decision talks in terms of “the form itself must offer the opportunity for bargaining” (para.25).