Author name here for Edited books chapter 12 Legal Responsibilities 12 Legal Responsibilities chapter

Basic Law Criminal law Constitutional law Contract law Federal law State statutes

Tort Law Intentional torts Unintentional torts –Negligence Duty Breach of duty Proximate cause Injury –Defenses Assumption of risk Immunity

Risk Management and Insurance The ECT approach is one strategy to help implement a risk management system. The ECT approach is appropriately named because every element ends with the letters ECT: Reflect Deflect Detect Inspect Correct Reinspect Reflect

ECT Approach: Reflect A facility manager needs to determine why he or she is interested in implementing a risk management program. Is the purpose to save money, reduce insurance obligation, or possibly run a safer facility? Another concern in the reflect stage is to rank potential concerns in order of magnitude and impact. For example, an earthquake is not a major concern on the east coast of the United States, but it could be one of the bigger concerns on the west coast.

ECT Approach: Deflect A facility can improve the risk management efforts by deflecting liability on to others: Purchase insurance that will pay attorney fees and any damages if a claim is filed. Insert clauses in rental contracts that require the renter to have insurance, assume liability, and hold the facility not liable for any claims. Have participants (possibly parents) sign a waiver stating that they understand the risks of participating in the activity and will not sue the facility if they are injured while participating in the activity.

ECT Approach: Detect A facility manager needs to learn how to identify potential concerns or to retain individuals who are knowledgeable in risk management. For example, the National Fire Protection Association (NFPA) requires larger facilities to conduct annual life safety inspections. Such inspections identify numerous concerns that can create a dangerous environment.

ECT Approach: Inspect and Correct Inspect: It is not enough to identify risks and dangerous conditions. Someone has to physically examine the facility and its policies to see if there is a hazard or if any area needs to be repaired or blocked from use. Correct: Once an area or concern has been identified as hazardous, someone has to repair the hazard. This might require completing a work order or other means of communicating the needed repair to the appropriate people.

ECT Approach: Reinspect and Reflect Reinspect: Just because a work order has been completed does not mean the repairs or required actions were undertaken, or were undertaken correctly to resolve the hazard. Thus, the area needs to be reinspected to ensure it is safe. Reflect: After a set time such as a year, or an event, the entire risk management process needs to be reevaluated to determine if it was effective and what steps can be taken to make it more effective in the future.

Warning Signs Are a Component of Any Risk Management System

Contracts Agreement –Offer –Acceptance Consideration: An exchange of value Capacity –Over age 18 –Not intoxicated, on drugs, or insane Legality: For a legal purpose

Property Law Eminent domain –Taking property for the public good –Paying fair value for the land Nuisance: Noise or light Zoning: What the local government will allow to be built

Constitutional Law First Amendment: Free speech (protest v. John 3:16) Fourth Amendment –Search of a locker room –Search of guests coming into a facility Fourteenth Amendment: Allowing female reporters into men’s locker rooms

Government Regulations Various government regulations can apply: Civil rights laws –Title IX –Civil Rights Act of 1964: Title VII ADA: Reasonable accommodation Smoking and alcohol regulations

Summary Facility managers need to anticipate responding to legal concerns: –Tort laws –Contract law –Property law –Constitutional law –Statutes

Discussion Questions and Activities Do you believe the law is fair, and what does fairness mean? Develop a valid contract for renting a fictitious sport facility. Go through a local sport facility and conduct a risk management audit.