Tag Archives: risk management

Causes of Personal Trainer Lawsuits — Part II

Part II – When an Injury Occurs

By Doyice Cotten
Regardless of how careful a personal trainer is, injuries will occur. And when the injury occurs, the question becomes “What do you do now?” Do you suddenly slip on your M.D. outfit and make a diagnosis and provide a cure? Do you panic? Or do you already have an emergency action plan and simply follow that plan? The following three cases will help you to know WHAT NOT TO DO!

Causes of Personal Trainer Lawsuits — Part I

Part I – Client Medical History

By Doyice Cotten

Personal trainers should guard against the temptation to try to help every potential client. The trainer should realize that 1) some potential clients pose a significant risk for the trainer; 2) the trainer’s knowledge, experience, and ability to prescribe safe exercises for some conditions are limited; and 3) that it may be better to sometimes tell the client that you do not feel confident in prescribing an exercise program for them.

Club Thought it was Protected Against Negligent Emergency Care

By Doyice Cotten

All health clubs need a sound risk management program aimed at the prevention of injuries. Included in that program should also be the use of a comprehensive, broadly worded liability waiver – just in case the risk management program does not work perfectly. In the following case, Locke v. Life Time Fitness, Inc. (2014), we find that Illinois waiver law requires that a waiver be specific and put the client on notice of the risks faced.

Agritourism Liability: A Question in Georgia

By Doyice Cotten

Recently I stopped at an operation in South Georgia in which the operator charges one dollar each for patrons to enter a fenced area.  There patrons can view an assortment of animals including a horse, a donkey, a bison, a water buffalo, goats, and a few more animals. After I paid the admission, my wife and I took my grandson in. At the entry, a sign was posted. I was familiar with equine and other sport liability statutes,

Risk Management at a Mexico All-Inclusive Resort

By Doyice Cotten

A family vacation in the Yucatan peninsula of Mexico gave me an opportunity to evaluate risk management at an all-inclusive resort. One would have to give the Resort a passing grade for its risk management program. There was evidence that someone who knew about risks was in charge of controlling risks at the resort.

The first thing that jumps out was the safety signage about the resort. Photos 1-6 included warnings and rules for patrons to follow.

Safety on Children’s Playgrounds – In America and in Thailand

By Doyice Cotten

Children’s playgrounds are always a good source of controversy. Some peop;e seem to want to eliminate every tiny bit of possible danger or risk. These proponents seemingly want to sanitize the playground. If a piece of equipment contains any perceived risk, we must eliminate that risk or even eliminate that type of equipment. Swings have been eliminated from many playgrounds; others have only lowered them, changed the seat, or other modifications. Many playgrounds have removed Jungle Jim type climbers;

Not Much Risk Management in Mandalay (Burma)

By Doyice Cotten

While readers saw in last week’s post that risk management in Thailand is alive and well, this is not the case in Mandalay, Myanmar’s second largest city.

As in many countries, city sidewalks present somewhat of an adventure. In Myanmar, holes and irregularities of surface present a major problem for pedestrians. See photos 1, 2, 3. Photo 11 shows that you need to look ahead as well as down—the sign is safe only if you are extremely short.

Approaches to Risk Management in Thailand

By Doyice Cotten


Click on Photo to enlarge!

As regular readers know by now, risks faced by locals and tourists in foreign countries abound. Hazards that you would never (or at least seldom) see in the US are both common and dangerous. I guess there just aren’t as many lawyers in those countries. Sometimes, however, we see where authorities have also spotted these hazards and have taken action.

Some hazards we spotted at popular tourist attractions in Thailand are pictured below.

Interesting Safety Signage Around the World

By Doyice Cotten

Americans traveling in other countries have the opportunity to see some interesting, and often, unique signage. A few are presented in this post. Some, like the first one, are not usually seen in the United States. The meaning, however, should be obvious.

Some of the signs warn of unique dangers. Others illustrate the difficulty in translating from another language to English. This is particularly true in the Chinese signs. Notice that several of the signs do not depend on translation or reading ability.

CAUTION! You Can’t Hurry Conditioning

By Doyice Cotten

 Incident Summary


Facts and Relevant Procedural History:

Henry White, III was given a scholarship to play basketball at Grambling State University in the fall of 2009. Henry arrived on campus three days past the mandated reporting time for basketball players. Players who reported to campus late were required to attend an “unorganized”