Video Explains Soccer Goal Tip Over Hazards

I came across a fantastic CBS News video that explains exactly how soccer goals tip over and kill at least 1 child per year and injure around 200. Soccer goals can weigh up to several hundred pounds and cause catastrophic damage (ex: crush skulls and legs) 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 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.

Video

Ownership and Management Of Athletic Fields Exclusion

It is clear that all sports and recreation organizations have liability for incidents that occur during scheduled, sanctioned and supervised activities such as tryouts, practice, and play.

However, some sports organizations that own or are long term lessees of athletic facilities are also legally responsible for injuries that occur on a 24/7 basis for 365 days a year.  Ownership triggers the liability for premises owners and lease agreements with hold harmless and indemnification provisions trigger the liability for long term lessees. 

If your sports organization has 24/7 liability as discussed above, you should avoid the endorsement entitled “Ownership, Maintenance, Management of Athletic Fields or Facilities Exclusion or similar exclusions.  As an alternative to removing this exclusion, some sports General Liability carriers allow a buy back that is commonly called “24 Hour Premises Liability”.

Source:  John Sadler

University of Georgia Settles Athlete Disability Insurance Dispute

Former cornerback, Decory Bryant’s $400,00 settlement with University of Georgia athletic association finally comes after his career ended in 2003 with a neck injury.  An Athens-Clarke judge dismissed the lawsuit that claimed the association failed to secure Bryant a $500,00 athlete disability insurance policy that would have paid him in the event he suffered a career-ending injury. 

Ed Tolley, the athletic association attorney, noted that the settlement was a sign that the “athletic association had committed to helping Bryant all along”. 

However, Bryant claimed that an official of the school failed to complete the paperwork for the $500,00 policy. 

Source:

http://www.insurancejournal.com/news/southeast/2010/02/26/107703.htm

Team League Insurance Carrier Attempts To Deny Injury Claim

A General Liability policy was taken out under the name of  Northeast Youth Football League and its member teams and league. A certificate of insurance evidencing “additional insured” status was issued on behalf of a member team to the field owner as required by agreement. Another member team wanted to use the fields and the same certificate of insurance was submitted. A spectator was injured in a fall from a bleacher during a game for the second team. Great American E&S Insurance Company denied the claim and sought a declaratory action for its responsibility to pay for the injury.

 Great American unsuccessfully argued that the certificate of insurance did not apply to the second team since its name was not listed on the certificate of insurance. The Supreme Court, Appellate Division, Third Department, New York disagreed by reasoning that neither the certificate of insurance nor the policy included the names of any of the teams but instead listed only the league and its member teams.

Great American also argued that two separate policy exclusions would be applicable. The first was a Design Defect And Structural Maintenance Exclusion and the second was an exclusion stating that Additional Insureds were not covered for their sole negligence. However, the court reasoned that the latter exclusion could apply but said that the insurance carrier waived its right to use it as a defense since no written disclaimer was sent specifically mentioning their intent to use such exclusion.

In my opinion, had the carrier given proper notice, it is likely that they could have properly denied the claim for the additional insured field owner since the field owner was likely solely negligent in the slip and fall accident. The only way for the team to have shared in this negligence would have been due to lack of supervision or if the liability had been contractually assumed in a lease or license agreement.

 John Sadler

 Source: Rough Notes, February 2010

What Should a League Do If a Registered Sex Offender is a Parent or Spectator?

In many of our national organizations, criminal background checks of coaches and volunteers are required in order to screen for sexual offenders. Throughout our risk management materials you will find that regardless of a requirement, these screenings are highly recommended.   But what should a league do when the known sex offender (per public record) is a parent or a spectator?

The first direction would be to consult your local attorney since they would be familiar with the particular states laws.   Also make sure that the organization is following its own rules and bylaws. The general liability policies that we write for the national organizations may require that volunteers be screened, but not the parents that are not volunteers.  This is because as a general rule, only a volunteer who has repeated access to youth is in a position to “groom” them for molestation. 

Whether background checks are required or not, a lot can be accomplished by educating the team/league, the volunteers and the parents on inappropriate boundary invasions.  More information can be found in our article Protecting Children Against Sexual Abuse and Molestation.

Coronary Artery Disease – Tips for Personal Trainers

Personal Training can be a tricky trade when you are training a healthy client. Throw into the mix heart disease, such as coronary artery disease, and your challenges rise as does your increased liability.  Clients come to you for advice because you are the “professional” in this field.  Make it a point to learn about specific diseases or conditions that you discovered about your client during your initial interview PRIOR to putting them on a routine, working them out in the gym or providing other advice.  Unfortunately, some may assume that because they have purchase personal trainer liability insurance, they are protected from being sued. It is not a question as to if you will get sued, but when you will get sued. You always want to make sure that you have detailed documentation for all of your clients, because you don’t know which one it will be that is on the other side of the table.

An article that I just recently came across from NASPRO is the Key Points for the Personal Trainer and Clients with Coronary Artery Disease.  Make it a point to read articles such as this as well as the constantly changing research and developments found at the American Heart Association.