What is your personal appetite for risk? And could this impact your job?

0982-RiderKOsKing9148.jpg: U.S. Army World Class Athlete Program martial artist Sgt. William Rider delivers a knockout kick to the ribs of Californian Cory King with 1 minute, 3 seconds remaining in the second round of their featherweight semifinal match at the 2009 U.S. National Taekwondo Championships July 5 at the Austin Convention Center in Texas. "In my 25 years of Taekwondo, I think that’s the second time I’ve ever seen a body shot knockout, and the first from a roundhouse kick,” WCAP Taekwondo coach David Bartlett said. “I have to give thanks to the strength and conditioning program of Master Sgt. Mike Mielke.”
Photo by Tim Hipps, FMWRC Public Affairs

I am pleased to be able to bring you this article by Ian McGregor, a well-known leader, professional, and consultant in the Risk Management field. Dr. McGregor is a true expert in the field. This is really two great articles in one; here he covers some important risk management fundamentals and if you click on the link within the post, it will take you to another article by Ian on how to determine YOUR risk profile. For more information,

Preparing for an Active-Shooter in Your Sports Venue

4228977977_22c42ba851_z

By Andy Berg

Executive Director of Athletic Business

This article originally appeared in the January|February 2018 issue of Athletic Business  with the title “New Reality: Anywhere, anytime for any reason.” It also appeared in Athletic Business E-NEWS on February 1, 2018. Athletic Business  is a free magazine for professionals in the athletic, fitness and recreation industry. Click here to subscribe.

Note:   It seems almost unbelievable that there would be a need for an article on this subject  in the United States in 2018 – in a third world country perhaps,

Wife Signs Waiver for Husband – Is it Enforceable?

34496884296_b4ab2d4446_z

By Doyice Cotten

Families often visit recreational facilities and are required to sign waivers of liability in order to participate. Sometimes the father signs on behalf of the wife; sometimes the wife signs on behalf of the husband. The question is “Are these waivers enforceable against the non-signer. Most businesses require the signature of both – which is the obviously best policy. But, if for some reason one signs the other spouse’s name on the waiver, is that waiver enforceable?

Michigan Court Explains Distinction between Negligence & Gross Negligence in Roller Derby Case

8301261132_39698f3fca_z

By Doyice Cotten

Elizabeth Dudros was injured when she struck a wall located only five feet from the roller derby track during a non-contact drill. She had to swerve to avoid a pile-up causing her to strike the wall (Budros v. Womens’ Flat Track Roller Derby Association, 2017 Mich. App. LEXIS 1525).

Budros had purchased WFTDA insurance before skating; the policy included a waiver of liability. The Traverse City Roller Derby (TCRD) athletic director showed Budros around the track prior to the drill.

State Parental Waiver Law Summarized — Part VIII

9523560519_187eb17629_z

 

By Doyice Cotten

This is the eighth of an eight-part series on the enforcement of parental waivers.

As you should have surmised from the previous posts, parental waiver law varies by state. One law that remains the same in all states is that a contract signed only by the minor is unenforceable and non-binding, with a few possible exceptions (e.g., for necessities, when emancipated, when approved by the court).

I mentioned in an earlier post that prior to 1990,

WAIVERS FOR MINOR PARTICIPANTS: More States with Likely Enforcement of Commercial and Non-Profit Entities — Part VII

9523560519_187eb17629_z

 

By Doyice Cotten

This is the seventh of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

Last week, three states were discussed in which the enforcement of parental waivers is very likely. Three more states are discussed in this post. Parental waivers are likely to be enforced in each.

Indiana

A 2012 state appellate court (Wabash County Young Men’s Christian Association v.

WAIVERS FOR MINOR PARTICIPANTS: States with Likely Enforcement of Commercial and Non-Profit Entities — Part VI

9523560519_187eb17629_z

By Doyice Cotten

This is the sixth of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

Three states will be discussed in this post. Courts in each state enforce parental waivers utilized by both commercial and  non-profit entities. In the seventh post next week, three more states will be addressed. Parental waivers are likely to be enforced in each.

California

California was the first state in which the courts enforced a parental waiver.

WAIVERS FOR MINOR PARTICIPANTS: States Enforcing Only School-Community Recreation Waivers — Part V

9523560519_187eb17629_z

 

By Doyice Cotten

This is the fifth of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

As discussed in a previous post, some states distinguish parental waivers utilized by commercial entities from parental waivers relied upon by schools and community recreation entities.

Florida

Florida, too, was mentioned in an earlier post in regard to F.S. 744.301 [2017] which established the enforceability of parental waivers of the inherent risks of the activity;

WAIVERS FOR MINOR PARTICIPANTS: Enforced in the Past but Unlikely in the Future — Part IV

9523560519_187eb17629_z

 

By Doyice Cotten

This is the fourth of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

Parental waiver law in three states will be addressed in this post. Parental waivers have been enforced by appellate courts on several occasions in the past in two of the states (Connecticut and Wisconsin) and by a U.S. District Court in New York.

WAIVERS FOR MINOR PARTICIPANTS: Broad Statutes Relating to Enforcement of Parental Waivers — Part III

9523560519_187eb17629_z

 

By Doyice Cotten

This is the third of an eight-part series on the enforceability of liability waivers of negligence when the sport or recreation participant is a minor.

 

Statutes Allowing Parental Waivers for Negligence

Three states have statutes that specifically state that parental waivers are enforceable under certain circumstances. These are Alaska, Colorado, and Minnesota.

Alaska

A.S. 09.65-292 [2012] provides the following:

(a) Except as provided in (b) of this section,