Risk Management

Timely RM articles from recreation and sport

State AED Statutes: Do You Know Your State’s Requirements?     Part 2

 JoAnn M. Eickhoff-Shemek, Ph.D., FACSM

President, Fitness Law Academy, LLC

Professor Emeritus, Exercise Science, University of South Florida

This following article was first published in the Fitness Law Academy’s newsletter in January 2021. It has been divided into two parts for our readers. It was written by Dr. JoAnn Eickhoff-Shemek, President of the Fitness Law Academy, LLC  and Editor of its quarterly newsletter.  Individuals can subscribe to this “free” newsletter by going to www.fitnesslawacademy.com.

State AED Statutes: Do You Know Your State’s Requirements? Part 1

JoAnn M. Eickhoff-Shemek, Ph.D., FACSM

President, Fitness Law Academy, LLC

Professor Emeritus, Exercise Science, University of South Florida

This following article was first published in the Fitness Law Academy’s newsletter in January 2021. It has been divided into two parts for our readers. It was written by Dr. JoAnn Eickhoff-Shemek, President of the Fitness Law Academy, LLC  and Editor of its quarterly newsletter.  Individuals can subscribe to this “free” newsletter by going to www.fitnesslawacademy.com.

Triathlon Contract Specifying “No Refunds” Upheld in Florida Court

By Doyice Cotten

Mikaela Ellenwood and Jorge Casanova sued World Triathlon Corporation, Competitor Group Holdings, Incorporated, and Competitor Group, Inc. for failing to provide refunds for the Rock ‘n’ Roll Marathon Series races and Ironman events that were scheduled to take place in 2020 but were postponed or cancelled due to the global Covid-19 pandemic. They claim breach of contract, unjust enrichment, and violation of the  Florida Deceptive and Unfair Trade Practices Act. (Ellenwood v. World Triathlon Corporation,

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,