Canfield & Canfield & AssociatesAssociates

www.canfield-associates.com

Third Party Third Party AdministratorsAdministratorsProperty and Casualty Insurance ProgramsProperty and Casualty Insurance Programs

Claims Professionals • Personnel Experts • Risk Managers

2009 WIAA Coaches School

Please understand that the purpose of this presentation and handout is educational. Nothing in either should be construed as specific legal advice for a particular situation. Sound legal advice requires an understanding of all the facts of a particular situation, something that can not occur in an educational presentation.

Minimizing Liability Exposure in a Cost-Cutting

Environment

Presenter: Dick Langum & Steve BridgePresenter: Dick Langum & Steve Bridge

Canfield and AssociatesCanfield and Associates

What Determines Liability?

Four point testFour point test

1. Duty of ordinary care

• ForeseeableForeseeable• ““Known or should have known”Known or should have known”

2. Breach of that duty

• Doing something you Doing something you shouldn’t haveshouldn’t have

• Not doing something Not doing something you should haveyou should have

3. Damages or injuries occurred

• To the individualTo the individual• To propertyTo property

4. Proximate cause

• Natural and continuous Natural and continuous sequence of events sequence of events withwith

• no casual element no casual element interrupting sequence interrupting sequence andand

• nothing outside the chain nothing outside the chain

of events impacting causeof events impacting cause

and effectand effect

Determining Liability

Duty of ordinary Duty of ordinary carecare

Breach of that dutyBreach of that duty Injuries or Injuries or

damagesdamages Proximate causeProximate cause

Risk Management Principles Eliminate the Risk—Just say “NO”Eliminate the Risk—Just say “NO” Manage the Risk-control strategies for Manage the Risk-control strategies for

minimizing the liability exposureminimizing the liability exposure ““Let the Dice Roll” or “No risk Let the Dice Roll” or “No risk

management” or “Let’s See What management” or “Let’s See What Happens & Deal with the Consequences”*Happens & Deal with the Consequences”*

**NOTNOT recommended/highly risky to recommended/highly risky to schools, coaches, administrators and schools, coaches, administrators and those formerly protected by good risk those formerly protected by good risk management practicesmanagement practices

DUTY OF ORDINARY CARE14 Duties in Athletics

Duty to PlanDuty to Plan Duty to SuperviseDuty to Supervise Duty to Assess Readiness for Duty to Assess Readiness for

Practice/CompetitionPractice/Competition Duty to Maintain Safe Playing Duty to Maintain Safe Playing

ConditionsConditions Duty to Provide Proper EquipmentDuty to Provide Proper Equipment

DUTY OF ORDINARY CARE14 Duties in Athletics-pg. 2 Duty to Provide Emergency CareDuty to Provide Emergency Care Duty to Develop an Emergency Duty to Develop an Emergency

Response PlanResponse Plan Duty to Provide Proper Duty to Provide Proper

TransportationTransportation Duty to Select, Train and Supervise Duty to Select, Train and Supervise

CoachesCoaches

DUTY OF ORDINARY CARE14 Duties in Athletics-pg. 3 Duty to Instruct ProperlyDuty to Instruct Properly Duty to Match AthletesDuty to Match Athletes Duty to Condition ProperlyDuty to Condition Properly Duty to WarnDuty to Warn Duty to Disclose and Inform: Duty to Disclose and Inform:

Insurance Coverage & Other Insurance Coverage & Other InformationInformation

Duty to Provide Emergency CareDuty to Provide Emergency Care

Minimizing Risk

Know Your Role as a Head Coach, Know Your Role as a Head Coach, Assistant Coach, Volunteer, AD, etc. (job Assistant Coach, Volunteer, AD, etc. (job descriptions)descriptions)

Know the sport and WIAA rules, school Know the sport and WIAA rules, school policies/procedures, team and student policies/procedures, team and student handbook(s), Predict and prevent—handbook(s), Predict and prevent—foreseeableforeseeable

Know good coachingKnow good coaching Plan ahead-foreseeable circumstancesPlan ahead-foreseeable circumstances

Minimizing Risk

DocumentationDocumentation (if it’s not written; it didn’t happen) (if it’s not written; it didn’t happen)

CommunicationCommunication (don’t “Lone Ranger” potential (don’t “Lone Ranger” potential liability)liability)

Operate within the scope of your Operate within the scope of your dutiesduties

When in DOUBT, When in DOUBT, ASK!ASK!

The REAL WORLD!

Practice Plans—don’t forget!Practice Plans—don’t forget! Supervision: more kids/less coachesSupervision: more kids/less coaches Readiness to Perform:Readiness to Perform: Safe Playing Conditions: fields, courts, Safe Playing Conditions: fields, courts, Proper Equipment: safety equipment, Proper Equipment: safety equipment,

repair, replacement, reconditioningrepair, replacement, reconditioning Proper Instruction-rules, techniques, Proper Instruction-rules, techniques,

strategiesstrategies

The REAL WORLD!

Matching Athletes—When I had 3 teams it Matching Athletes—When I had 3 teams it was easy! When to use younger players.was easy! When to use younger players.

Conditioning: practice shape, scrimmage Conditioning: practice shape, scrimmage shape, game shape, tournament shapeshape, game shape, tournament shape

Warning Letters and Safety GuidelinesWarning Letters and Safety Guidelines Insurance: Does your school require Insurance: Does your school require

insurance?insurance? Providing Emergency Care: coach’s role, Providing Emergency Care: coach’s role,

notification of parents, EMT’s, concussions, …notification of parents, EMT’s, concussions, …

The REAL WORLD!

Emergency Response Plan: what Emergency Response Plan: what services were available last year services were available last year and are not this year?and are not this year?

Transportation: *&^*&^#@Transportation: *&^*&^#@ Training & Supervision of Coaches: Training & Supervision of Coaches:

AD to head coach/ to asst. coach/ AD to head coach/ to asst. coach/ to volunteer coachto volunteer coach

The REAL WORLD!

DID YOU KNOW?DID YOU KNOW? SHOULD YOU HAVE KNOWN?SHOULD YOU HAVE KNOWN? DELIBERATE INDIFFERENCEDELIBERATE INDIFFERENCE (IDGARRWYS,IWDIMY) ((IDGARRWYS,IWDIMY) (please see next please see next

slide)slide)

The REAL WORLD!

If so, please bring your If so, please bring your checkbook, title to your car, checkbook, title to your car, deed to your house, kids “piggy deed to your house, kids “piggy bank” and change of address bank” and change of address forms to our meeting when we forms to our meeting when we discuss who will be paying for discuss who will be paying for litigation, liability claims and litigation, liability claims and potential civil actions.potential civil actions.

Canfield & Canfield & AssociatesAssociates

www.canfield-associates.com

Third Party Third Party AdministratorsAdministratorsProperty and Casualty Insurance ProgramsProperty and Casualty Insurance Programs

Claims Professionals • Personnel Experts • Risk Managers