Many of my national sports organization clients struggle with the argument over whether or not to set safety or risk management standards. On one hand, they are necessary to protect against spectator and participant injury. On the other hand, failure to follow your own standard can result in an allegation of negligence and a General Liability claim. This problem is magnified by organizations that rely on volunteer staff and that don’t have the ability to adequately police the standards that have been set. What to do? Mandate a standard? Strongly recommend it?
I came across an excellent blog posted by Dr. Doyice J. Cotten and written by attorney Charles “Reb” Gregg on this topic. The author is a proponent of setting reasonable standards and believes that the potential liability for not following a standard is overstated.
Part Two
How do you know for sure that your team / league sports insurance policies including Accident and General Liability provide the coverages and protection that you need to protect against devastating lawsuits? Many local insurance agents and even so called sports insurance specialists are guilty of offering inadequate coverages.
Minimum standards for sports insurance have been set by a sports insurance expert, risk manager, and attorney John Sadler of Sadler Sports And Recreation Insurance. These standards are outlined in the following checklist documents depending on if your team / league is a private sports organization that purchases its own insurance or if it has its insurance provided by a municipal recreation department:
The appropriate document should be submitted to your insurance agent for completion. The insurance agent simply checks off whether each standard has or has not been met and signs his or her name. This takes all of the burden off of sports administrators for trying to attempt this frustrating exercise themselves.
Once the completed checklist has been received, you must decide what to do based on the results. If the mandatory standards are not met, you should ask your agent to remedy the problem areas or you should find a new insurance agent that can offer policies that meet the minimum standards.
Copyright 2006-2009, Sadler & Company, Inc., All Rights Reserved
|