This is the second of a 5-part series on ways to reduce the risk of a lawsuit. This part will focus on guidelines dealing with the facility and equipment.
5. Establish a Complete Facility Inspection Program
The inspection program should be broad in scope, including several types of inspections. There should be a daily inspection. This does not have to be time consuming or detailed, but someone should take a few minutes before opening to walk through the facility with a brief checklist to see if there are any obvious hazards or problems visible. There should be weekly inspections of the facility and equipment using a more detailed checklist. Depending upon the amount of use a facility receives, a more comprehensive periodic inspection checklist should be completed either monthly or every three months. An annual inspection should be conducted; this inspection should be detailed and should be conducted by at least two persons working together. If the periodic inspections have been done well, this inspection should yield no more problems than the periodic inspection. All checklists should be signed and dated upon completion. Action requests should be submitted and the inspection sheet, the action request, and a record of the action taken should be filed.
Inspections should be regular and scheduled. They must not be haphazard or based upon convenience. An assigned person or persons should have the inspections as a regular assigned duty. All inspection should be done using a checklist so there will be a permanent record. An action request and a disposition sheet should be completed and filed. The final aspect of a complete facility inspection program is to use an efficient, effective document retrieval system. Two years later, when you are notified that a lawsuit has been filed alleging that a client was injured due to an equipment failure caused by club failure to inspect and maintain equipment, your inspection checklist will be useless if you cannot retrieve and produce the document. Lawsuits are won or lost on such situations.
6. Security of the Building
It is important to see that the facility is secure from intruders. The facility operator has a duty to see that the building is reasonably safe. The operator does not guarantee the client’s safety, but in the event an intruder entered the building through an unsecured door and raped a client, the operator might be found negligent for having an unsecured door and be liable for the injury. To insure the safety of clients and to reduce the likelihood of theft, operators should regularly verify that doors close and lock properly and that they are not left propped open.
7. Equipment
Many lawsuits result from injuries due to equipment. To reduce these lawsuits, there are some factors to consider when purchasing equipment. First, if at all possible, buy new equipment rather than used or refurbished equipment. There are enough pitfalls with new equipment – no need to buy additional problems. Second, when buying equipment, choose reputable manufacturers. If you need to save money, check out a new company before making a purchase. Find another operator who can tell you about the durability of the equipment, its overall quality, and the company’s maintenance and service. Third, be certain that the equipment is appropriate for your clients in terms of size. Finally, once the equipment is purchased, be certain that it is installed according to the manufacturer’s specifications.
Once the equipment has been purchased and installed, proper maintenance is essential. If an injury results from well-maintained equipment, liability would usually fall to the manufacturer. However, if the equipment is not properly maintained, the club would likely be liable. When repairs are necessary, be certain the repairs are made by the manufacturer or a qualified repair service. “Home” repairs leave the operator liable for injuries resulting from the repair. As mentioned earlier, regular inspection of each piece of equipment is important. Poor housekeeping (e.g., weights and other equipment left on the floor and not replaced in their racks) are frequent causes of injury and lawsuit. Strict rules, consistently enforced by supervisors on duty, can help maintain a safe environment.
Tips for Client and Staff Issues coming soon.
Dr. Doyice J. Cotten is professor emeritus in sport management at Georgia Southern University and has a consulting business, Sport Risk Consulting. He is the coauthor of Waivers and Releases of Liability. The 6th edition (2007) is now available and provides a complete and up-to-date source of: 1) state waiver laws, 2) the latest information and rulings regarding waivers for adults and minors, 3) guidelines on how to write waivers (including examples), and 4) a full explanation (and examples) of a Participant Agreement. The book is available from three sources: 1) from the author ([email protected], phone: 912 764-4848); 2) from www.lulu.com; 3) from IHRSA (in PDF only).