Injury Claims Unique to Health Clubs

Source: sadlersports.com - Injury Claims Unique to Health Clubs
Author: John M. Sadler

What they are and how to reduce risk of occurrences

You work too hard at running your health club to risk it all. But it could easily happen if a client were to sue over something you simply overlooked. Health club General Liability claims typically arise out of the condition of the premises and equipment. Regular cleaning and maintenance of the facility should be performed, and clients always properly instructed on use of the equipment. The three most common claims unique to health clubs and fitness centers are:

• Falls while stepping on or off of a moving treadmill. which is usually a user error . However, a liability claim can be filed if the injured person did not receive proper instruction on use of the treadmill.


• Slips/falls in wet areas. These claims usually occur in locker rooms and sauna, Jacuzzi and pool areas. Such falls are best prevented with non-slip mats and warning signage.


• Slips/falls in exercise classes. Participants in group exercise classes slip or fall off step platforms and floors that become wet with perspiration and/or condensation from water bottles.

General Liability Risk Management

Steps can be taken to reduce the risk of injuries and claims being made against your facility.

Equipment Maintenance

• Document and retain maintenance and repairs


• Equipment safety signage should never be removed


• Cardio and strength equipment should be checked daily


• Power cords should be taped down to prevent trips and falls

Wet Areas

• Non-slip floor mats and safety grab bars should be securely installed at showers/saunas/Jacuzzi exits


• Signs warning “CAUTION: WET AREA” should be permanently displayed.


• Members should be encouraged to wear non-slip footwear in wet areas

Group Exercise Area

The condition of group exercise equipment and floors should be checked daily, particularly worn step treads and worn, wet or damaged sections of the floor

Professional Liability Risk Management

Steps can be taken to reduce the risk injury claims being made against your facility resulting from something a staff member or independent contractor does or says (or fails to do or say).

Waiver/Release Forms

• Have all clients, members and guests sign a waiver or release before using any part the facility. Members and clients should sign a new waiver/release upon renewal each year.


• Waivers should state that “instruction on all equipment and facilities has been provided and/or offered” to the individual.

Instruction

• Fitness staff should physically demonstrate all equipment for new members and guests.


• Renewing members should be offered refresher instruction and instructed on use of any newly purchased equipment.

Staff

• Staff should all be trained in the proper use of all equipment upon hire and receive training on newly purchased equipment.


• Fitness staff should be made aware of the policy they are expected provide proper equipment instruction to members and guests.


• Staff should not exceed their qualifications for fitness and/or health training . Only staff with proper nutritional or medical certifications should offer recommendations in these areas.


• Independent contractors should offer proof of individual professional liability coverage before working in the facility.

Emergency Procedures

• All employees should receive a copy and acknowledge by signature receipt of the facility’s emergency procedures plan. This plans should include what steps to take in the event of injury, illness, fire, power outage, severe weather, etc.


• The emergency plan should be reviewed with staff regularly during the year.


• Staff who work on the fitness floor should be CPR and first aid certified. At least one CPR and first aid trained staff member should be on the floor at all times.


• If the facility has an automatic external defibrillator (AED), at least one staff member with AED training should be on site at all times.

If you have questions regarding risk factors, please call us at (800) 622-7370, and you can visit our Health Club Insurance page to find a plan that suits your specific needs. We specialize in these areas:

Circuit Training

Day Spas

Exercise Studios

Fitness Clubs

Health Clubs

Pilates Studios

Yoga Studios

 

Read Full Story: http://www.sadlersports.com/blog/injury-claims-unique-health-clubs/

Controlling the Non-owned Auto Exposure in Sports

Source: sadlersports.com - Controlling the Non-owned Auto Exposure in Sports
Author: John M. Sadler

Coverage for a serious risk

It’s a must for most sports and recreation organizations to carry Non-owned and Hired Auto Liability insurance, which can be a stand alone policy or part of the General Liability policy. Very few sports administrators understand the importance of this coverage and what they should be doing to protect their insurance carrier from ever having to pay a claim.

A non-owned auto is one that is not owned by the sports or recreation organization, but is instead owned by an employee or volunteer or borrowed from an organization such as a church. If a non-owned vehicle is involved in an accident while on association business, the following parties can normally be sued: the vehicle owner, the driver, and any organization for whose purpose the errand is being run. In other words, the sports organization can be sued for their vicarious liability of their staff member.

Its important to note that Non-owned Auto Liability insurance does not cover the driver or damage to the vehicle. It only covers the association that is the named insured on the policy. The driver will have to rely on his or her own Personal Auto Insurance olicy to provide liability and physical damage protection.

I came across some excellent loss control material from Philadelphia Insurance Company on the topic of controlling the Non-owned Auto Liability risk in the sports and recreation context. This exposure represents an infrequent but high severity risk where damages can easily exceed $1 million. The insurance carriers that insure sports and recreation organizations are concerned about this exposure because it’s difficult to collect the proper premium for a low frequency/high severity risk. Sports organizations need to take this risk very seriously and implement the recommended controls.

Here are some links that you will want to check out:

Case studies on actual Non-owned Auto Liability losses in the non profit association context where damages exceeded $1 million

Personal vehicle usage precautions

Driver eligibility criteria

Driver training and motivation

Source: Philadelphia Insurance Company, Hired And Non-owned Automobiles, Large Loss Lessons Learned

Read Full Story: http://www.sadlersports.com/blog/controlling-the-non-owned-auto-exposure-in-sports/

When Youth Sports Teams Move Up One Year

Source: sadlersports.com - When Youth Sports Teams Move Up One Year
Author: John M. Sadler

Is it safe in all age categories?

What liability exposure exists for administrators and coaches who allow a younger sports team to play up in an older age category? That question was asked by a visitor to our website:

“I am struggling with a team playing up a year in age U12 Boys moving to U13 Boys in soccer. What are your thoughts? And do you know of any lawsuits. I am on the board and I want to be able to answer any questions.”

 

We invited a guest expert to respond to that for us. Gil Fried is an attorney and professor at the University of New Haven who provided the following answer:

“I am not familiar with any lawsuits from a younger group moving up one age category.  If they moved up several years the proportional difference in skill and size could open a door to liability.  Since the potential for in jury exists at all soccer levels, I would suggest that the children in the 12-year-old group and their parents be sent a letter indicating the potential concern that since younger kids are playing against older kids there could be a chance for injuries. The letter should be clear and allow parents to pull their child if they are concerned without any retribution.”

 

Read Full Story: http://www.sadlersports.com/blog/should-sport-team-be-allowed-to-move-up-one-year-in-age-category/

Soccer Goal Tipping Hazards

Source: sadlersports.com - Soccer Goal Tipping Hazards
Author: John M. Sadler

Unanchored goals pose danger to players

I came across a fantastic CBS News video that explains exactly how unanchored soccer goals can tip over and seriously injure or kill a child. At least one child fatality  and 200 injuries from tipped soccer goals are reported each year. Soccer goals can weigh several hundred pounds and cause catastrophic bodily damage, such as a crushed skull or broken limbs, when they tip over and come in contact with players. Coaches, players, and parents need to be educated on this topic and should check soccer goals prior to every practice and game to make sure they are properly anchored.

Sports General Liability insurance carriers that insure soccer organizations must often absorb full policy limit lawsuits resulting from these death claims.

You can view the video by following this link.

Read Full Story: http://www.sadlersports.com/blog/video-explains-soccer-goal-tip-over-hazards/

Top 4 Legal Issues Health Clubs Face

Source: sadlersports.com - Top 4 Legal Issues Health Clubs Face
Author: John M. Sadler

Maintaining industry compliance is the key to avoiding liability   

Your health club is thriving with new and renewing members; business couldn’t be better. Now isn’t the time to be complacent about compliance to industry standards and regulations. Failure to meet compliance leaves you and your facility exposed to liability.

The four areas that pose the most potential for risk are emergency procedures, staff certification, protective documentation, and the Americans with Disabilities Act. Take the time to learn what steps you can take to avoid liability and ensure your facility is compliant in these areas.

1. Emergency Procedures

Accidents, pre-existing health issues, and other factors can be the cause of an emergency situation in any health club. It’s your responsibility to have an emergency plan in place and ensure your staff is familiar with it. There are legal issues involved when administering emergency care. Knowing the risks is the first step in protecting you, your staff and your health club from liability.

“Good Samaritan” legislation offers some level of immunity from liability, but is limited to negligence. It doesn’t protect against reckless or grossly negligent conduct. Two requirements must be met in order to enjoy Good Samaritan immunity:

• Aid must be given at the scene of the emergency.


• Rendering aid in good faith, which means that assisting the victim was the intention of those offering emergency care. Immunity can be denied if there is evidence that the motive was monetary reward or attention in the press.

Good Samaritan laws vary from state to state, so it’s important to familiarize yourself and your staff with the legislation in your area.

Use of Automated External Defibrillator (AED)

Certain businesses are required to house AEDs. A few examples of these are schools, airports, medical facilities and public swimming pools.  Legislation varies from state to state on which businesses are mandated to house AEDs. However, housing of these devices is encouraged by the American College of Sports Medicine  and the American Heart Association for health clubs that have more than 2,500 members, provide programs for high-risk clients, and/or are in a location where emergency response time is typically more than five minutes.

If your club decides to house an AED, be advised that mandatory legal duties will arise. Please see our article “Use of Defibrillators in Fitness Clubs” which includes an infographic with helpful tips for maintaining and training staff on the use of AEDs.

2.      Staff Certification

It’s your responsibility to confirm that your staff members are current with their fitness certifications. Lapsed staff certifications leave you and your facility vulnerable to allegations of misrepresentation. Many clubs post lists of their staff members and qualifications. Lapses in any certification can be construed as misleading.

Steps you can take to prevent lawsuits:

• Develop a system for tracking expiration dates of all employee and independent contractor certifications


• Remind staff periodically to renew certifications, either in staff meetings, written memos or email.


• Increase staff awareness of potential legal consequences of non-compliance awareness.


• Offer staff incentives for keeping certifications current, and penalize employees or independent contractors who collected fees during any period of lapsed certification.

3. Protective Documents

Waivers / releases are intended to protect health clubs and their owners and staff against claims of regular or ordinary negligence. They don’t, however protect against grossly negligent or reckless conduct. All members should sign a separate waiver / release agreement for the protection of your facility and its staff.

For more information on waivers and releases, please see our article, “Are Waiver Release Agreement Worth the Paper They are Written On?” We also sample waiver forms in our risk management library.

4. The Americans with Disabilities Act

A primary goal of the Americans with Disabilities Act goal is to make sure that businesses do all that they “reasonably” can for people using their facilities who have disabilities.  Reasonable accommodation is any modification or adjustment that enables a disabled person to participate in the daily operations of the facility.

Such accommodations can be as simple as offering extra assistance for disabled members, such as assistance in transferring from a wheelchair to seated equipment or posting large print signs for the visually impaired. ADA does not require fitness facilities to fundamentally alter operating procedures that could risk the safety of others.

Our risk management library is full of information that can help you minimize risks to your business. Call us at (800) 622-7370 if you have questions about risk management or want to receive an insurance policy quote based on your unique needs.

 

Source: Sean Riley, “Risk Management: Is Your Club Compliant or Complacent?” ideafit.com.

 

 

Read Full Story: http://www.sadlersports.com/blog/top-4-legal-issues-health-clubs-face/

Spectator Injuries at the Ballpark

Source: sadlersports.com - Spectator Injuries at the Ballpark
Author: John M. Sadler

Does the “Baseball Rule” need to be revisited?

Spectators and baseball stadium employees occasionally suffer injuries from home run balls and shattered bats flying into the stands. However, foul balls were the most frequent cause of the 1,750 spectator injuries that occurred last year in major league baseball, according to Elias Sports Bureau.  That number translates to about two injuries for every three games. That’s more than the 1535 occurrences of batters being hit by pitches in the 2013 season.

What’s worse is the rising trend in foul ball injuries. Contributing to the increase in incidents are seats in the new and renovated ballparks being seven percent closer to the field, stronger players, and spectators who are increasingly distracted by smart phones and the flashing messages and graphics on enormous electronic scoreboards.

Hard-hitting facts

Fans have almost no time to respond to foul balls driving into the stands, sometimes at more than 100 mph. A ball traveling at 80 mph is traveling 117 feet per second. Spectators sitting 150 feet from home plate have only a second to dodge the missile.

In response to the 2002 death of a fan by a flying puck, the National Hockey League required netting behind the goal and taller Plexiglas shields over the side boards. Major League Baseball has done almost nothing to reduce such risks and maintains that individual teams are responsible for the safety of spectators. Following the death of a minor league first-base coach in 2007 after being hit by a line drive into foul territory, it was mandated that all base coaches must wear helmets.

The “Baseball Rule” culture

The courts are apparently paying attention:  judges hearing appeals in Georgia and Idaho this year rejected arguments invoking the “Baseball Rule.” That’s a long-standing principle that absolves stadium owners and teams from liability as long as the spectators in the seats behind home plate are protected by netting.

MLB teams are responsible for their stadium backstop designs, display of warning signs and following local safety ordinances. Injuries this year took place in seating in field level and 2nd-tier seats, as well as the higher sections that are typical landing grounds for home run balls.

Source: David Glovin, bloomberg.com, 09 Sept. 2014.

Read Full Story: http://www.sadlersports.com/blog/spectator-injuries-ballpark/