This is the final part of a 5-part series of ways to reduce the risk of a lawsuit. This part focuses on guidelines dealing with the basic fundamentals of successful risk management. Each subject encompasses an immense amount of subject matter.
This is the third of a 5-part series of ways to reduce the risk of a lawsuit. This part focuses on guidelines dealing with four miscellaneous topics grouped together as client and staff issues.
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Reb Gregg is a leading attorney, lecturer and writer in legal liability issues for adventure, education and recreation based outdoor programs. He is a true expert in the area of risk management.
You can do many things to reduce the risk of a lawsuit in your fitness center. Here are some important first steps.
Many fitness center operators are fearful of being sued. And those who aren’t, should be! Even if you use a waiver and have insurance, a lawsuit is bad news. You have a big headache that will drain your attention and your peace-of-mind. In addition, the process of defending a lawsuit usually lasts for several years. Even if you eventually win, you have had the worry and, often, an abundance of bad publicity. Financially, your insurance may not cover the claim, and your rates will probably go up. All in all, it is better to avoid a suit in the first place. You can do many things to reduce the risk of an injury and a subsequent lawsuit in your fitness center.
How do I control risk in my sport related business? Get the facts about Risk Management. Risk management is an on-going process by which a business or corporate entity attempts to control the programmatic and financial risks in order to reduce costs, enable desirable programming, and provide financial stability.
You should be able to identify the risks facing your facility. The question is, what do you do about a risk once it is identified? Whether it be a property exposure, liability for negligence or otherwise, or regarding business operations, management must determine the extent of the risk by examining the following: 1) its potential severity (possible impact on the corporation functioning and possible seriousness of a resulting injury), and 2) the likelihood of the risk or injury occurring. After determining the extent of the risk, four control approaches are available.
Your certification requirements should go beyond taking an employee’s word for it. Research the certifying organization and make a paper trail to help avoid client injury and litigation.
Ask, “Are the actions of my personal trainers going to land me in a lawsuit?” Client Anne Capati thought the personal trainer she hired at Crunch Gym in New York, N.Y., was an expert. However, she suffered a brain hemorrhage and subsequently died as a result of his recommendations. Her husband, Doug Hanson, filed a lawsuit that has created a stir in the industry.
By John Wolohan
Common sense tells you that if your view of the playing surface from the seating bowl includes the back of the goal, you may be in danger of being struck by a ball or puck. Or, maybe not. After a Wake County court threw out Teresa Allred’s lawsuit against a women’s soccer league and the owners and operators of a Cary, N.C., stadium now called SAS Soccer Park, an appeals court ruled in December that the lawsuit could continue.
