Flash Flood Damaged Your Car? What Do You Do Now?

Source: sadlersports.com - Flash Flood Damaged Your Car? What Do You Do Now?
Author: John M. Sadler

It is apparent that the flash floods this year have devastated communities across the Midwest and the deep south.  Even areas like Northwest Florida that are used to having hurricanes, are feeling the sting like never before.

Pace, FL, April 29, 2014

Pictures are flooding social media with devastation of cars at home or even that have been stranded on the road.  And the question………. “What do I do now?  What will my insurance cover?”

The Better Business Bureau has a great article that was posted a while ago that contains great tips.   Read It Here

 

 

Read Full Story: http://www.sadlersports.com/blog/flash-flood-damaged-car/

Swimming outings source of liability claims

Source: sadlersports.com - Swimming outings source of liability claims
Author: John M. Sadler

Safety first at team pool parties

The swimming outing at a coach’s backyard pool, or at a motel pool during a tournament, is commonly the source of drowning or near-drowning incidents.

Drowning among youth baseball and softball players seems to be a prevalent problem in youth sports leagues. Of course, this is not isolated to just the baseball/softball arena, but more common most likely because of spring and summer activity.

Last year, an eight-year-old boy nearly drowned during his football team pool party in Arizona. His parents were in attendance but distracted for just long enough. Fortunately, the child was rescued by another alert parent.  Unfortunately, most cases that we read about do not have such happy endings.

Vigilance is the key

Drowning is the second highest cause of accidental death in children under the age of 15, according to the Center for Disease Control.. Approximately 750 children will drown next year, 375 of whom will be within 25 yards of an adult.

Accidents cannot always be prevented. It’s critical, however, to be vigilant when dealing with children in youth sports organizations. Most of the time, not every one of the children has a parent or guardian with them, especially when the team travels.  These parents trust that the coaches and volunteers that they leave their children with will be monitoring their safety and bringing them back home in one piece.

Steps toward prevention

Simple precautions can be taken to lessen the risk of drowning.

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  Participation requires passing a swim test.

  
  

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  Instill in team members “the buddy system” so they’re accountable for each other.

  
  


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  Have at least one CPR-trained adult in attendance.

  
  


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  Prohibit alcohol consumption by adults at all youth parties.

  
  


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  Adults should not be involved in any distracting activity (such as grilling, reading, talking on phone)

  
  


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  Hire a certified lifeguard and require them to provide proof of adequate General Liability insurance.

  
  

The avoidance alternative

A number of Sadler Sports insurance clients have been sued for drowning or near drowning incidents resulting in very costly settlements. I’ve personally witnessed a number of incidents around pools where parents get caught up in conversations and lose their concentration for just a split second, and that’s all it takes.

In my opinion, the risks of serious injury and resulting lawsuits are so significant with swimming parties that such activities should be avoided as their risks outweigh their benefits. Avoidance of high risk activities is sports risk management 101 and I put swimming parties right up there with the use of 15 passenger vans (tip-over risks) and sleepovers (sex abuse and molestation risk).

You can find further information on pool safety on the American Red Cross website. If you have questions, please contact us.

 

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Affluent Youth Athletes Have More Overuse Injuries

Source: sadlersports.com - Affluent Youth Athletes Have More Overuse Injuries
Author: John M. Sadler

Family finances may impact injury rates

Researchers apparently believe that money may very well buy unhappiness. A recent study found that young athletes from higher income families suffer a 68 percent higher rate of injury due to overuse than athletes from lower income families. The higher income families in the study could afford private insurance and the other families were on Medicaid, which is subsidized public insurance.

 The researchers also found that the athletes with private insurance who specialize in one sport doubled the number of those with public insurance. Researchers have known that athletes who concentrate on a specific sport are more prone to overuse injuries, but did not previously link the findings with family finances.

 What’s behind the findings

 The ongoing study, led by Neeru Jayanthi of Loyola University Medical Center, includes athletes 7 to 18 years of age. The economic status of the athletes’ families is widespread, with a median income of $70,000. Specialization can cost thousands of dollars in equipment, fees, transportation, and private lessons, according to Jayanthi. Families that can afford those costs may be able to offer their athletes more opportunities to focus on one sport.

Researchers also noted that while all the athletes spent roughly 10 hours per week in organized sports, the amount of time spent in unstructured sports activities, such as backyard basketball and football, was significantly different. Those with private insurance spent an average of 5.2 hours each week while those with subsidized insurance averaged 7.1 hours.

 Limiting risk of overuse

 Overuse can result in stress fractures and ligament and cartilage injuries, sometimes sidelining young athletes months. Given the findings in the study, Jayanthi offers suggestions below to help reduce the risk of overuse injuries:

•  Limit organized sports playing time to no more than twice that of unstructured play time.


• Limit the hours per week playing sports to the athlete’s age. (Ex: A 12-year-old should spend no more than 12 hours per week in sports activities.)


• Delay specializing in one sport until late adolescence.


• Athletes should take 1 to 3 month breaks from competition every year . The breaks don’t have to be consecutive.

Source: “Young athletes from higher income families,” Stone Hearth News, 11 Apr. 2014.

Read Full Story: http://www.sadlersports.com/blog/affluent-youth-athletes-overuse-injuries/

Crossing the Foul Line

Source: sadlersports.com - Crossing the Foul Line
Author: John M. Sadler

HIV-positive player kicked out of Florida rec basketball league

A 21-year-old player on a Kissammee Parks and Recreations basketball team was told he could not participate in the league. A part-time recreation leader confronted Dakota Basinger mid-game, asking if he was HIV-positive. When Basinger replied that he is, the employee then told him he was not permitted to continue the game or play in the league.

A spokesperson for the city’s Parks and recreation department stated that the worker had specifically been told not to approach Basinger and did so without supervisor approval.

Should players with HIV / AIDS be allowed to participate in youth sports leagues? Find out in our article HIV In Youth Sports.

Food Handling Safety in Concession Stands

Source: sadlersports.com - Food Handling Safety in Concession Stands
Author: John M. Sadler

 

Are you cooking up trouble?

Ants, bees, flies, rain, or wind can be annoying when enjoying a hot dog and soda at the ballpark. However, all of those pale in comparison to food poisoning, another outdoor food risk!

Indoor and outdoor sports organizations risk liability in the event of a food poisoning incident resulting from improper food handling in concession stands.  General Liability generally covers such occurrences, but preventing them is preferable. What follows are some basic tips for reducing such risks.

Management and purchases

• Concession stands must adhere to local food licensing and permit laws and regulations.


• All concession workers should receive training in proper food handling by management.


• Only purchase food from reputable, good-quality sources.


• Do not purchase or serve any food past the expiration date.


• Avoid serving food prepared at home, other than baked goods.

Food Handlers

• All concession workers must wash hands using soap and water after potential contamination. This include but is not limited to:
  
  • Using restroom
  
  
  • Sneezing, coughing
  
  
  • Touching counters and garbage cans, dumping garbage
  
  
  • Touching cash register and money
  
  
  • Touching face, mouth or hair
  
  


• Use of gloves and hand sanitizers offer additional protection, but are not a substitute for frequent hand washing.


• Food handlers must be symptom-free of illness (coughing, sneezing or sniffling, fever, nausea, vomiting, diarrhea) when handling food.


• Food handlers must use appropriate utensils, gloves, or deli paper when handling food.

 Insects and Vermin

• Store all food off the floor.


• All food should be covered and spills/drips continually wiped down to discourage insects.


• Keep trash cans covered at all times with tight-fitting lids.

 

Refrigeration

• Foods requiring refrigeration to be held at 40° F or lower until being served.


• Keep a thermometer in your refrigerator/freezer to ensure fridge is maintained a 40°F and freezer at 0°F.


• Perishable food should not sit out of refrigerator longer than two hours.

Sanitation

• Disposable utensils and paper products should be used to reduce cleaning and contamination.


• Do not wash or reuse disposable products.


• Sanitize and wipe down all food preparation surfaces and concession equipment frequently.


• Do not overfill garbage cans, and empty them frequently.

For more detailed food handling information, you can download our food risk management report.

Read Full Story: http://www.sadlersports.com/blog/food-handling-checklist-sports-concession-stands/

Applying Title IX to municipal field usage for girls sports

Source: sadlersports.com - Applying Title IX to municipal field usage for girls sports
Author: John M. Sadler

Do girls have equal rights to field usage?

A client in Oregon contacted me about a problem the local softball league is having as regards access to fields. I doubt this problem is unique, and perhaps other organizations can benefit  from this information.

The local rec baseball and softball teams share a municipal ballpark, which includes multiple practice fields. Apparently, the girls are not given equitable field time except in the fall, when the boys don’t play.The softball teams have offered to help maintain and build fields to pull their weight, to no avail.

The coach asks if Title IX or another statute applies in this case since the fields are part of a public facility.

According to our research, Title IX does not apply to municipalities unless the public facilities were being used for school-based programs. However, the equal protection clause provides an avenue to request injunctive relief if that becomes necessary. However, that can certainly be avoided if the municipality would simply allot field space based on the percentage of boys teams vs. girls teams. For example, if there are 75 boys teams and 25 girls teams, the girls teams should have access to 25% of the prime practice opportunities.

Understanding how the law works can help girls gain access to fields and can help the municipality stay out of trouble.

If you have a question or concern about your sports organization, don’t hesitate to contact me.

Read Full Story: http://www.sadlersports.com/blog/applying-title-ix-municipal-field-usage-girls-sports/

Sport injuries off the field

Source: sadlersports.com - Sport injuries off the field
Author: John M. Sadler

The Independent Contractor or Subcontractor Limitation

Services such as concessions umpires, security, field maintenance and janitorial are typically outsourced by sport and recreation organizations as independent contractors or subcontractors.

The Independent Contractor or Subcontractor Limitation endorsement on a General Liability policy can have adverse consequences for sports and recreation organizations.

Don’t play around with independent contractors

The negligent actions of these independent contractors or subcontractors can result in the sports organization being shot gunned into a lawsuit.

The Independent Contractor or Subcontractor Limitation endorsement will preclude coverage unless the independent contractor or subcontractor maintains a General Liability policy at the time of injury, with limits equal to the sports organization while naming such sports organization as “Additional Insured.”

Protecting the organization

It is highly recommended that sports organizations require all independent contractors and subcontractors to provide evidence of General Liability insurance with limits of at least $1,000,000 combined single limits. Such policies should name the sports organization as “additional insured.”

However, General Liability coverage of the sports organization being contingent on the insurance requirement of the independent contractor or subcontractor is a risky proposition.  If the sports organization is diligent about administrative duties, an uninsured independent contractor or subcontractor could easily slip between the cracks.  In addition, a certificate of insurance is only an indication of coverage status as of the date of its issuance. Coverage could later be canceled due to nonpayment of premium with no absolute notification requirement to certificate holders.

For the reasons outlined above, it is not acceptable to allow the existence of the Independent Contractor and Subcontractor Limitation endorsement on the General Liability policy for a sports organization.

Source:  John Sadler

Read Full Story: http://www.sadlersports.com/blog/sport-injuries-field/

Assault and Battery Exclusion in Sports

Source: sadlersports.com - Assault and Battery Exclusion in Sports
Author: John M. Sadler

Employees and volunteers vulnerable

 

Some sports General Liability policies have an endorsement entitled Assault and Battery Exclusion that modifies the terms of the original policy language.

 

The standard policy form (without the Assault And Battery Exclusion) contains an intentional injury exclusion that includes an exception for the use of reasonable force to protect persons or property.

 

The Assault and Battery Exclusion takes away coverage for any assault and battery incident committed by your employees, volunteers, or any other person.  In addition, coverage is excluded for failure to suppress or prevent an incident as well as for negligent hiring, supervision, or training.

 

Based on some of the claims filed against our team and league clients over the years, the Assault and Battery Exclusion would have had unacceptable coverage consequences had it been in existence.

 

We have seen several lawsuits alleging assault and battery resulting from a coach attempting to break up a fight.  In one incident, a coach broke up a fight by pulling one 8-year-old boy off of another.  The lawsuit alleging assault and battery claimed that the coach injured the boy that he pulled off the top of the other boy.

 

We have also seen a number of other lawsuits against leagues, volunteers, and administrators arising out of fights between coaches, umpires, and spectators.  In many cases, the coaches and umpires are actually the physical aggressors against spectators.In some of these cases, the plaintiff’s attorney ran a background check and found that the defendant had a criminal background involving a crime of physical violence.  As a result, the sports organization and its board were shot gunned into the lawsuit under the theory of negligent hiring.

 

The above common examples would likely trigger the Assault And Battery exclusion resulting in no insurance coverage and the possible taking of both assets of the sports organization as well as personal assets of the individual defendants to satisfy the judgment.

 

In my opinion, the Assault and Battery Exclusion should be removed from a sports or recreation General Liability policy.

 

Source:  John Sadler

Photo credit: Guiseppe Barranco/The Enterprise

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