Risk Management

Timely RM articles from recreation and sport

Massachusetts Indemnity Clause Enforced in Ultimate Frisbee Case

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By Doyice Cotten

Liability waivers often include an assumption of risk, a waiver of liability for negligence, and an indemnification agreement. The purpose of the waiver of liability is to protect the provider from liability in the event of participant injury. In spite of the presence of a signed waiver, suit is often filed by the injured party or by others on his or her behalf.

The object of the indemnification agreement is for the provider to be able to recoup any loss resulting from such a legal action – the loss may include a monetary judgment,

Staying in the Field and Out of the Courthouse (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

by Charles R. Gregg

Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. He is a true expert in the area of risk management.

The primary purpose of a risk management plan is not the avoidance of legal liability.

Understanding the Lessons of Risk Management in Soccer

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Editor’s Note:  This article on risk management in soccer was submitted by a contributor. Note that there is some very valuable risk management information in the first hyperlink. Although the cited material refers to professional soccer players, the risk management suggestions may be useful to amateur and youth coaches as well. DC

By Connor Smith

Professional soccer players, just like any other athletes, are human beings, ordinary people who possess extraordinary skills that are the envy of many.

Risk Management in Today’s World (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

Thanks to Reb Gregg for permission to publish this thought provoking treatise on risk management in today’s world. Reb would welcome discussion on the topic and we will be happy to post your comments on this site. Reb would like to know which of these issues, or others, are most significant for your sport,

Do Industry Standards Increase our Liability? (Revisited)

We are revisiting five of Reb Gregg’s previous posts on Sportwaiver.com. Nothing has changed since the article was originally posted. It provides important information for the service provider.

Doyice

Readers will find that this is one of the best pieces to be found relating to industry standards and liability. Our thanks go to author “Reb” Gregg and to Steve Smith who originally published the article in Touchstones – News and Resources for Outdoor Programs for permission to run the article in SportWaiver.com.

Risks and Risk Management in New Mexico and Texas

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By Doyice Cotten

Regular visitors to Sportwaiver.com know that while risks are plentiful, risk management is sometimes hard to spot in third world countries. Not so in the USA. This post features some risks and some signage used in Texas and New Mexico to warn less knowledgeable visitors of those risks. Some photos of  signage spotted during a recent trip are presented in the first section; a few risks faced by tourists are depicted in the second section.

Soccer Goals: 40 Deaths & 59 Serious Injuries in 38 Years

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By Doyice Cotten

A recent athleticbusiness.com article reported on the death of a two-year-old Tennessee girl who was killed when a soccer goal blew over on top of her. Local TV reported that the unanchored goal turned over as a result of a 30 to 40 mph wind. At the time of the report, it was not verified whether the goals at the International Soccer Complex were anchored in any way.

Reading this report brought back memories of an important Ohio case in 1998 (Zivich v.

Signage and Risk Management in Borneo

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By Doyice Cotten

Malaysia (particularly the Borneo area described here) is a beautiful country filled with jungles, streams, mountains, and extremely friendly people. It is one of the few Southeast Asia countries in which English is spoken by just about everyone. Also, we have found that Malaysia has more and better signage than most countries in this area. In this post we will look at some of that signage as well as some potential risks.  Please right-click on an image for a larger view.

Law Requires AEDs in Massachusetts Schools: What About Your State?

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By Doyice Cotten

On January 13, 2017, the Governor of Massachusetts signed into law Bill S.2449 mandating automated external defibrillators (AEDs) in Massachusetts schools. The law provides that AEDs be in all public schools in the state and that at least one staff member be trained in its use. An AED also must be available for use at any school-sponsored athletic event.

This life saving action has been a long time in coming. The legislation was first introduced ten years ago,

NJ Federal Court Addresses Several Waiver Issues:

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By Doyice Cotten

In a recent New Jersey case (Kang v. LA Fitness of South Plainfield, 2016), the court addressed several issues relating to waivers. Among them was 1) non-reader or speaker of English, 2) font size, 3) national association standards, 4) failure to read the waiver, 5) failure to explain the waiver, 6) failure to initial a provision of the waiver, and 7) contract of adhesion.

Ms Kang was injured while working out on the chin/dip assist pull-up machine.