Liability, Safety, Insurance & Risk

Part II

Review

• Terms defined– Sovereign immunity– Charitable immunity– Volunteer Act 1997

• Who can be sued

• 15 most common ways to be sued

• Ways to prevent losses

6 Dangerous Myths

1. Blindly assuming that the youth org.’s General Liability policy provides coverage for volunteers.

– Reality:

• Blindly assuming that the youth sports org’s GLP provides coverage for its affiliated leagues and their respective directors, officers, employees and volunteers

– Reality:

• Assuming that youth sports organization or league vols are “bullet-proof” against lawsuits b/c your state recently passed a law that provides immunity for volunteers.

– Reality:

4. Assuming that youth sports org/leagues and their respective personnel are protected against lawsuites by requiring sports participants to sign waiver/release agreements.

– Reality:

5. Assuming that each volunteer can provide his own liability protection though buying Homeowner’s liability, personal umbrella policy or a coach certification policy

– Reality:

6. Assuming that the youth sports org. does not need to buy Accident ins. To pay for medical bills.

– Reality:

Compensatory vs. punitive damages?

• Compensatory damages: A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another.

– Compensatory damages provide a plaintiff with the monetary amount necessary to replace what was lost, and nothing more.

– In order to be awarded compensatory damages, the plaintiff must prove that he or she has

suffered a legally recognizable harm that is compensable by a certain amount of money that can be objectively determined by a judge or jury.

• Punitive damages: Punitive damages: Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.

– Which punish a defendant for his or her conduct as a deterrent to the future commission of such acts.

– Punitive damages, also known as exemplary damages, may be awarded by the trier of fact (a jury or a judge, if a jury trial was waived) in addition to actual damages, which compensate a plaintiff for the losses suffered due to the harm caused by the defendant.

– Punitive damages are a way of punishing the defendant in a civil lawsuit and are based on the theory that the interests of society and the individual harmed can be met by imposing additional damages on the defendant.

Tricks of the Trade

• YES:– Premises Medical Payments– Products/completed operations– Personal/advertising injury– Contractual liability

• Avoid Claims Made Coverage USE Occurrence Coverage instead

• **watch the exclusions in fine print!• Ensure all potential parties to the lawsuit are “Named

Insured’s” on the policy!!!

Waiver & Release Liability Forms 10 main problems past courts have

found:

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Emergency Info & Consent Form & Image Release Form

• What should these forms include?

• Consent for a minor

• Life threatening situations

• When and why do you need image release form?

Review Risk Mgmt Program

7 Deadly Sins to Avoid When Buying Sport Insurance

Actual Cases

ADA and Youth Sport

• Essential functions

• Increased Risk of Injury to Participant

• Increased Risk Injury to others

• So, what is ADA and how does it relate to Youth Sport?

• What do parent s of kids with disabilities want and expect?– Other parents and coaches?

Inclusion Strategies

• Examples:

• There are no universal adaptation that work for all kids with similar disabilities.

• Each child is unique and the accommodations made need to address their individual needs.

• REMEMBER: Making an adaptation or providing individual support is done based on the individual child’s need for assistance to be successfully included and to participate with all other kids!

• What do coaches need to know about including a child with a disability?

• How can coaches figure out how to fully include all kids?

• Adaptations can be made by making adjustments in:– Leading/teaching/communication– Positions, field/court placement– Performance expectations– Rules of the game

• Be creative…think outside of the box!

Accommodations for differences in skill development

• Take advantage of what each child can do

• Teach what they haven't learned (not what they really can’t do b/c of their disability)

• Partnering kids who have complementing skills

• Others?

Organizing Practices for Inclusion

• Keep everyone involved, minimize watching – maximize doing

• Help kids figure out how to do it differently and keep it fair

• Teach by example, encouraging all kids to recognize and value others

If a child….• Has limited sight or cannot see…

• Uses a walker, crutches or braces to assist with walking….

• Has limited hearing or does not hear…

• Uses a wheelchair to assist with mobility…

• Doesn’t have or cant use an arm or leg…

• Behaves differently than other kids…

• Can’t speak or communicate effectively…

• Learns differently than other kids….

You could…..

• adapt information giving, teaching or leading style…

• assist the child to move around the area or re-arrange the environment….

• Adapt activities or change rules and participation requirements

• Change expected outcomes…

• Orchestrate (with dignity and respect) peer support or partners

Adapting Exercise

• Pick a sport

• Make a list of the requisite skills needed – Physical– Sensory– Learning– Communication– Socialization

• Pick a disability limitation and discuss how you could adjust to facilitate inclusion– Leading/teaching/communication– Positions, field/court placement– Performance expectations– Rules of the game

• Remember: CAN DO and be creative!