Risk Management

Timely RM articles from recreation and sport

Things That Get Exercise Professionals into Trouble!

Things That Get Exercise Professionals into Trouble!

             Exercise professionals sometimes find themselves in legal trouble when they attempt to do things they are not qualified or licensed to do. Following the advice of Dr Eickhoff-Shemek can help exercise professionals stay in the gym and out of the courtroom. Take time now to subscribe to her free quarterly newsletter at www.fitnesslawacademy.com.

 

 

 

Exercise Professionals: Distinguishing “Legal” and “Professional” Scope of Practice

By JoAnn M.

Two-Year-Old Loses Toe on a Slide

 

By Doyice Cotten

In 2018, two-year-old girl lost her little toe while sliding down a sliding board into a splash pad at Buzzards Bay Park in Bourne, MA. At the time she went down the slide, there was a vertical crack about a foot long in the slide. The toe caught in the crack and was sliced off.  [A splash pad  is a recreation area, often in a public park, for water play that has little or no standing water.]

The girl,

Possible Over-Reaction to COVID-19 by County Recreation Department in Water Park Closure

The COVID-19 pandemic has made all of us aware of the danger of this disease and the need to take reasonable precautions. We all recognize that there is still risk. A recent letter to the editor of a local newspaper questioned the closing of the popular local water park for the entire summer. We all know the joy and benefits of wholesome recreation at such parks, and we all know that there is added risk due to COVID-19. In effective risk management,

Creating Your Risk Management Plan

Jim Moss is a practicing attorney specializing in outdoor recreation law; he has the informative website Recreation Law , on which this article was originally published.

Risk Management Plans always sound good; but, they often turn out to be a lot of work! On top of that, many plans turn out to be so cumbersome that they do not work in actual practice. Jim offers suggestions as to how to create a risk management plan that actually works in real life;

Negligent Hire & Negligent Retention — 2 More Causes of Lawsuits

By Doyice Cotten

Most sport and recreation managers are familiar with the concept of negligence and the associated risk in sport and recreation activities. A couple of concepts with which many sport managers have less familiarity are negligent hire and negligent retention.

Negligent hire (or negligent hiring) is a claim often made against an entity or employer when an injured party alleges than the injury was due to the actions of an unqualified employee.  The theory is that the employer was negligent in hiring the employee because the employer either knew or should have known the employee was unfit (lacked qualifications or character).

Safety for Aging Adults – Great Ways to Reduce Risks of Falls for Seniors

By Doyice Cotten

I was recently made aware of a website that should be of interest to all of us — seniorliving.org. This site should be of interest to most of our readers because we are either a senior now, hope to be a senior later, have friends or relatives who are seniors, or deal with seniors in a sport, recreation, or fitness setting.

The great thing about the site is that it can help reduce the risk of falls in both sport,

Lawsuit Illustrates a “How-to” Guide for Personal Trainers

By Doyice Cotten

Personal trainers should recognize the potential for injury in their profession and strive to serve their clients safely and effectively. Gregory Pedersen, the personal trainer in Berisaj v. LTF Club Operations Company, Inc. (2019), was faced with a lawsuit by a client of 17 fitness sessions; the lawsuit alleged 1) negligence, 2) gross negligence, and 3) willful and wanton misconduct.

Plaintiff Victor Berisaj, who had been a client of LTF since 2007,

AEDs Required in California Schools that Offer Interscholastic Athletics

By Doyice Cotten

In 2018, California passed a law mandating that all public schools or charter schools that offer interscholastic athletics must have at least one automated external defibrillator (AED) – effective July 1, 2019. Interestingly, the legislature did not provide funding for the devices, but noted that existing law authorizes a public school to solicit and receive nonstate funds to acquire and maintain an automated external defibrillator (AED).

There has been considerable complaint about the fact that this law requires an AED,

Multiple Outbreaks of Rhabdomyolysis in University Sports

By Doyice Cotten

First, What is Rhabdomyolysis?

Rhabdomyolysis is a serious syndrome due to a direct or indirect muscle injury. It results from the death of muscle fibers and release of their contents into the bloodstream. This can lead to serious complications such as renal (kidney) failure. This means the kidneys cannot remove waste and concentrated urine.

What Causes Rhabdomyolysis?

Rhabdomyolysis is a potentially life-threatening syndrome resulting from the breakdown of skeletal muscle fibers with leakage of muscle contents into the circulation.

Do You have a Liability Insurance Policy? Yes, but do you REALLY know what it says?

By James H. Moss, J.D.

James Moss is a highly recognized lawyer in the outdoor recreation industry. He is a well-known authority in the sport and recreation law field and is the author of a top book in the field, Outdoor Recreation Insurance, Risk Management, and Law. We can all learn some lessons from this article illustrating that nothing good comes from not understanding your insurance policy. Check out his popular blog Recreation-Law.com .

An event organizer of a 5K Extreme Rampage purchased an insurance policy that specifically excluded coverage for a 5K run with obstacles,