Risk Management

Timely RM articles from recreation and sport

Two Virginia Courts Admit Redacted Waivers to Show Plaintiff Understood the Risks

By Doyice Cotten

James McConnel was injured while participating in Segway Polo associated with Omni Hotels Management Corp. The issue came up as to the admissibility of the waiver signed by McConnel (McConnel v. Omni Hotels Mgmt. Corp., 2017).  Since prospective waivers of liability are void as against public policy under Virginia law (Hiett v. Lake Barcroft Cmty. Ass’n, Inc., 1992),  Omni asked the court to rule that the “Segway Personal Transporter Tours Liability Release Form”

Can One Spouse Sign the Waiver for the Other Spouse?

By Doyice Cotten

Often both a husband and a wife attend a sport, recreation, or fitness facility to participate. The business has a requirement that everyone signs a waiver before participating. Is there a problem if one of the couple signs his or her own waiver and then signs the waiver of the spouse?

In the 2017 case, Burns v. Parks (2017 Pa. Super. Unpub. LEXIS 4043), Joseph and Dawn Burns entered Sky Zone Indoor Trampoline Park to participate.

Risk Management Failures in Massachusetts YMCA Result in Death

By Doyice Cotten

Reminder: There is a new Fitness Law Academy Newsletter designed specifically for fitness professionals. It is written by Dr. JoAnn Eickhoff-Shemek, a fitness industry authority. And the best news of all —  its FREE!.    Click here for your free subscription!   djc

The last post dealt with a risk management failure resulting in quadriplegia. This post also involves abysmal risk management – this time resulting in the death of a 62-year-old man (Miller v.

Risk Management Breaches Result in Tragedy

 By Doyice Cotten

This post is a little different from my usual post – not so much about the results of a waiver case as about provider responsibility. I hope this post impresses upon providers of sport, recreation, and fitness activities the idea that having a waiver might reduce the financial risk of the organization, but does not relieve the provider of the responsibility to make every effort to protect the participant against unnecessary risk of injury.

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
www.fitnesslawacademy.com

 

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.