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Canfield & Associates

Canfield & Associates. Third Party Administrators Property and Casualty Insurance Programs. Claims Professionals • Personnel Experts • Risk Managers. www.canfield-associates.com. 2009 WIAA Coaches School.

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Canfield & Associates

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  1. Canfield & Associates Third Party Administrators Property and Casualty Insurance Programs Claims Professionals • Personnel Experts • Risk Managers www.canfield-associates.com

  2. 2009 WIAA Coaches School

  3. Please understand that the purpose of this presentation and handout is educational. Nothing in either should be construed as specific legal advice for a particular situation. Sound legal advice requires an understanding of all the facts of a particular situation, something that can not occur in an educational presentation.

  4. Minimizing Liability Exposure in a Cost-Cutting Environment Presenter: Dick Langum & Steve Bridge Canfield and Associates

  5. What Determines Liability? Four point test

  6. 1. Duty of ordinary care • Foreseeable • “Known or should have known”

  7. 2. Breach of that duty • Doing something you shouldn’t have • Not doing something you should have

  8. 3. Damages or injuries occurred • To the individual • To property

  9. 4. Proximate cause • Natural and continuous sequence of events with • no casual element interrupting sequence and • nothing outside the chain of events impacting cause and effect

  10. Determining Liability • Duty of ordinary care • Breach of that duty • Injuries or damages • Proximate cause

  11. Risk Management Principles • Eliminate the Risk—Just say “NO” • Manage the Risk-control strategies for minimizing the liability exposure • “Let the Dice Roll” or “No risk management” or “Let’s See What Happens & Deal with the Consequences”* • *NOT recommended/highly risky to schools, coaches, administrators and those formerly protected by good risk management practices

  12. DUTY OF ORDINARY CARE14 Duties in Athletics • Duty to Plan • Duty to Supervise • Duty to Assess Readiness for Practice/Competition • Duty to Maintain Safe Playing Conditions • Duty to Provide Proper Equipment

  13. DUTY OF ORDINARY CARE14 Duties in Athletics-pg. 2 • Duty to Provide Emergency Care • Duty to Develop an Emergency Response Plan • Duty to Provide Proper Transportation • Duty to Select, Train and Supervise Coaches

  14. DUTY OF ORDINARY CARE14 Duties in Athletics-pg. 3 • Duty to Instruct Properly • Duty to Match Athletes • Duty to Condition Properly • Duty to Warn • Duty to Disclose and Inform: Insurance Coverage & Other Information • Duty to Provide Emergency Care

  15. Minimizing Risk • Know Your Role as a Head Coach, Assistant Coach, Volunteer, AD, etc. (job descriptions) • Know the sport and WIAA rules, school policies/procedures, team and student handbook(s), Predict and prevent—foreseeable • Know good coaching • Plan ahead-foreseeable circumstances

  16. Minimizing Risk • Documentation (if it’s not written; it didn’t happen) • Communication (don’t “Lone Ranger” potential liability) • Operate within the scope of your duties • When in DOUBT, ASK!

  17. The REAL WORLD! • Practice Plans—don’t forget! • Supervision: more kids/less coaches • Readiness to Perform: • Safe Playing Conditions: fields, courts, • Proper Equipment: safety equipment, repair, replacement, reconditioning • Proper Instruction-rules, techniques, strategies

  18. The REAL WORLD! • Matching Athletes—When I had 3 teams it was easy! When to use younger players. • Conditioning: practice shape, scrimmage shape, game shape, tournament shape • Warning Letters and Safety Guidelines • Insurance: Does your school require insurance? • Providing Emergency Care: coach’s role, notification of parents, EMT’s, concussions, …

  19. The REAL WORLD! • Emergency Response Plan: what services were available last year and are not this year? • Transportation: *&^*&^#@ • Training & Supervision of Coaches: AD to head coach/ to asst. coach/ to volunteer coach

  20. The REAL WORLD! • DID YOU KNOW? • SHOULD YOU HAVE KNOWN? • DELIBERATE INDIFFERENCE (IDGARRWYS,IWDIMY) (please see next slide)

  21. The REAL WORLD! • If so, please bring your checkbook, title to your car, deed to your house, kids “piggy bank” and change of address forms to our meeting when we discuss who will be paying for litigation, liability claims and potential civil actions.

  22. Canfield & Associates Third Party Administrators Property and Casualty Insurance Programs Claims Professionals • Personnel Experts • Risk Managers www.canfield-associates.com

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