Chapter 11 Risk Management in Direct Leadership

Types of Law (2) Criminal Law Intentional act against the public at large Arrest made Punishment is handed out Examples????

Types of Law Tort law Wrong or twisted Deals with civil issues Intentional or unintentional acts Leads to lawsuits Anyone can be sued for anything at anytime Examples…..

Risk Management Minimize the undesirable risks and dangers associated with a recreational activity. 2 types of risk….

Risk Management Inherent risks Risks that are integral to the activity Flipping white water raft Getting hit with baseball Participant assumes inherent risks Leaders help participant understand these risks No liability for inherent risks Negligent behaviors….

Risk Management Negligent behaviors An act that results in personal injury to another person or property Most often an individual was careless in the course of his/her duties

1. Duty Obligation to another individual based on legal relationship between parties Must be a breach of duty to be negligent Examples: Leader & participant Parent & child Lifeguard & swimmer University & its students

1. Duty Duty exists when participants: walk in the door are on your property/parks are taking your classes are using your facilities, ie. golf, ice, hotel off site in your programs

2. Act/Standard of Care Act: Actions of a person in light of the duty owed Standard of care: Hazard free environment Safe equipment Safe facilities Safe surroundings

2. Act/Standard of Care Standard of care est. by: Statute, ordinance, regulation Professional association…NCTRC Organizations….American Red Cross Must act the same way another competent person would In most cases interns & volunteers are held to the same standard of care as a professional

2. Act/Standard of Care How do we measure standard of care? Foreseeability Act of omission Act of commission

2. Act/Standard of Care Foreseeability Ability to foresee that a dangerous situation could happen Lightening on a ball diamond Unsupervised climbing wall Broken/cracked bike path

2. Act/Standard of Care 2. Acts of omission Leader doesn’t do something they should Not repairing equipment or facilities Tying ropes incorrectly Not counting children Not screening for weapon Not securing electrical lines

2. Act/Standard of Care 3. Acts of commission Leader does something he/she shouldn’t have Leaving kids alone Talking to friends while guarding a pool Taking people into a restricted hiking area

2. Act/Standard of Care Rule of 7’s Increased standard of care owed

3. Proximate Cause Actual cause of the injury or damage No intervening acts Example Pool drowning

4. Injury/damage Physical Injuries Emotional/mental damage Economic damage

Supervision In loco parentis Levels of supervision

Supervision General Oversee a broad area Supervise the overall conduct of participants Supervise the facility Ratio of 1:20 + Examples: Rec center Coaches & players Specific Involves instruction Direct contact with participants Day camp leaders Program instructors Baseball coach Lower ratio of instructor: participant…

Staff – Child Ratio National Association for the Education of Young Children mos.1:3 2 yr olds1:4 5 yr olds1:8 6-8 yr olds1: yr olds1:12 American Camp Association 4-5 overnight1:5 4-5 day camp1:6 6-8 overnight1:6 6-8 day camp1: overnight1: day camp1: overnight1: day camp1:12

Staff Competency Knowledge Leadership skills, foreseeability Age Red Cross canoe instructor = 21+ Experience Credentials CPR, blood borne pathogens, instruction Attentiveness on duty

Staff Location Accessible to participants Uninterrupted visual/verbal contact Water Day camp Interrupted visual/verbal contact Campus Recreation

Staff Functions Manage participant behaviors Render emergency care Enforce rules equitably Be alert to dangerous conditions Maintain responsibility for participants on & off premises

What you need to know to manage risk Know the participants Developmental abilities, limitations Previous experience/skills Physical & Emotional capabilities

What you need to know to manage risk Know the activities Rules, skills, safety needs Sequencing, progression Know how to lead activities Know the environment. Inspect. Be alert to dangerous conditions & warn participants Star Wars Egg Hunt

Risk Management 3 methods to manage risk Eliminate the risk Don’t offer a program Fun zappers Trampoline, tumbling Reduce the risk Safety precautions….egs? Accept the risk…inherent White water rafting

Red Tape Consult a lawyer Use plain language Parent/guardian signature Can’t sign away a child’s rights Save for 5 years or 5 years past age of majority

Red Tape Types of forms Parental/Guardian Permission Medical Forms Permission to treat statement Assumption of risk/Agreement to participate Photo release Release/Waiver…

Waivers Agreement to absolve liability for injury or damage State laws vary in value of the waiver Considered a contract Protects against ordinary negligence