Risk Management

Timely RM articles from recreation and sport

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,

Waiver Fails to Protect Sports club in a Trip and Fall Case

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

Dr. Eickhoff-Shemek is Professor Emeritus, University of South Florida (USF) and is President of the Fitness Law Academy, LLC (www.fitnesslawacademy.com). This post originally appeared in the Fitness Law Academy Newsletter, Vol 1, Issue 4 (October, 2018). You may subscribe to the quarterly newsletter free of charge at www.fitnesslawacademy.com.

Case Brief: Crossing-Lyons v. Towns Sport International,

Negligence Standard or Recklessness Standard – Which Standard of Care Applies to Injured Spectator of a Snowmobile Race?

By Doyice Cotten

Spectators Tory Baughan and Megan MacNeill were injured while watching a snowmobile “hillclimb” racing event. They were in the designated, but unprotected, spectator area when one of the racers became dismounted from his Polaris snowmobile on his way up the hill. The driverless snowmobile continued to travel back down the hill at a high rate of speed before colliding with plaintiffs. Baughan sued claiming negligence, premises liability, gross negligence, and willful and wanton misconduct (Baughan v.

Risk Management Procedures Help Save Utah Snowmobile Operator from Liability

By Doyice Cotten

Matthew Rose rented a 2014 Polaris snowmobile from Summit Lodge. While approaching an opening in a wooden fence on the snowmobile, the throttle stuck on full-throttle and resulted in an injury to Rose.

The snowmobile has a thumb-operated throttle lever for acceleration; release of the lever is supposed to return the machine to idle. Normally, the machine has two methods of manual shut-off: a kill switch or by turning the key to off.

Risk Management at Two Popular Tourist Sites in Bosnia and Herzegovina

By Doyice Cotten

Bosnia and Herzegovina (hereafter referred to as Bosnia) is a beautiful country in southeastern Europe. There is much to see; but also much you need to watch for to avoid injury.

Mostar Bridge. The first popular site at which I saw a number of hazards was at and near the famous bridge at Mostar. The bridge was destroyed in the war in 1993, but has since been nicely restored (pictured here).

First,

Lack of Equipment Inspections and Concern for Client Safety Is a Shortcut to Lawsuits

By Doyice Cotten

Lawsuits against health clubs are abundant – with dozens each year. There are many allegations in such suits ranging from failure to supervise, to employing uncertified personnel, to bad judgment of personal trainers, and many more causes of injury. One of the most frequent causes of injury has two prongs: 1) failure to regularly (as in daily) inspect the premises  and equipment; and 2) failure to maintain and keep equipment in good repair.

The photos in this post illustrate a potential problem that could result in a client injury and in a possible negligence lawsuit.