Risk Management

Timely RM articles from recreation and sport

South Carolina State Basketball Player Saved by AED

By Doyice Cotten

This is not the first time that automated external defibrillators (AED’s) have been discussed in this column. But once again a life has been saved by their use. South Carolina State was playing North Carolina State in basketball when Ty Solomon, a SCS senior collapsed on the sideline.

He had played almost four minutes and was rotated out. While resting on the bench he was talking with a teammate, collapsed unconscious, stopped breathing,

CPR and AED Trained Athletic Trainers Save Two Collapsed Athletes

By Doyice Cotten

Are you prepared for an emergency at your sport, recreation or fitness facility? If a participant collapses during a workout and has no heartbeat, does someone at your facility know what to do? Do you have personnel trained in CPR? Do you have an AED on hand? And someone who in trained to use it? These are all important questions for management at sport, recreation, and fitness facilities. None of us want to stand by and watch someone die who could have been saved!

Indoor Cycling Injuries in the news

By JoAnn Eickhoff-Shemek, Ph.D.
Fitness Law Academy, LLC


I am pleased to be able to bring you this article by JoAnn Eickhoff-Shemek. Dr. Eickhoff-Shemek is a well-known leader and authority in the Fitness Industry. She is an emeritus professor at the University of South Florida and is the lead author of Risk Management for Health/Fitness Professionals: Legal Issues and Strategies and a contributing author of The Australian Fitness Industry Risk Management Manual. Her latest project is a new Fitness Law Academy Newsletter designed specifically for fitness professionals.

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

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

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,

Football Drill Death Illustrates the Need for Better Risk Management

By Doyice Cotten

Mileto and dozens of other players were taking part in a summer football camp on school grounds that was run by the Sachem East coaches and funded by a boosters group, the Sachem East Touchdown Club.

The teen and four teammates were carrying a 10-foot, 400-pound log over their heads as part of a training drill. Dankner said – for the first time publicly – that the boys were also competing in a relay race at the time.

Risk Management for Tourists in United Kingdom Gets an A+

Doyice Cotten

Most of my risk management photo posts have been from third world countries depicting, more accurately, the lack of risk management rather than kudos for safety. Not so from our recent trip to England, Wales, and Scotland where warnings abound.


The following warnings are common in England, but, to me, the most unique was the first one we encountered – when we were about to cross the street in London. In the tourist areas we visited,

Is the Word “Negligence” Required for Waivers in New York Courts?

By Doyice Cotten

In 2016, Michelle Kalinkina, a professional model agreed to have a public haircut and styling demonstration. During the haircut, the stylist cut Kalinkina’s neck causing physical injury and scarring. She subsequently sued for damages alleging negligence and gross negligence (Kalinkina v. Martino Cartier Enterprises, LLC, 2017 U.S. Dist. LEXIS 95670).

Cartier provided a waiver signed by Kalinkina as a defense against the negligence claim. The waiver read:

I am providing modeling services for International Designs Corp.

University Study-Abroad Student Drowned in Costa Rica

By Doyice Cotten

Note: This is the third consecutive post (involving law in three states in three types of activity) in which assumption of risk has played a major role.

20-Year-old Erik Downes, college student at Oglethorpe University, drowned in the Pacific Ocean while he was in Costa Rica attending a study-abroad program. His parents brought a wrongful death suit against the university alleging negligence and gross negligence. Oglethorpe argued that 1) it owed no legal duty to Downes;


By Doyice Cotten

What is Rhabdomyolysis? Regular readers of SportWaiver.com will know that this is a disease that can result from extreme exercise. The ailment is often found in sedentary adults who attempt to “get in shape” overnight. However, the disease is also found sometimes in more active and younger individuals.

There have been a number of cases in recent years in which college athletes have been afflicted. Courtney Cameron in a recent AthleticBusiness.com post cites a number of cases resulting from indoor cycling and spinning classes.