1. Managing Risks
Chapter 11
HPR 323

2. WHAT IS RISK? Risk involves the ideas of probability and loss.
- Probability infers the possibility that something might occur.
- Loss includes: loss of life, lose of resources, and/or loss of reputation.
Risk is inherent in any sport or recreation program
Responsibility of the leader to minimize risks of any foreseeable hazards in the activity or environment
No glasses playing handball ---playground equipment with broken parts
All definitions of risk contain “probability” and “loss”
Probability = possibility that something might occur
Loss = life, financial loss to agency if sued, loss of reputation to agency
2 types of risk – inherent and negligent

3. Two Types of Risk Inherent Risk Negligent Behavior
Risk that are part of the activity. There is no liability for injury that occurs due to inherent risks of which the injured participant is knowledgeable or should be knowledgeable
Negligent Behavior
Conduct that is not in accord with the standard of care that a prudent professional should give. It results in the participant being subjected to “unreasonable risk”.
Inherent risk – the participant assumes the risk
Rec Leaders must help participants understand the inherent risk to reduce possibility of injury – Canoeing example
Negligent Behavior – ie. Leaving life vests on the shore when canoeing
It should be mandatory to develop a risk mgmt plan for every aspect of the program
Managing risk for financial reasons and for consideration of the well being of the participants and staff
Manage risk for legal liability

4. Legal Liability
A duty was owed. Three types of relationships: 1) inherent, 2) voluntary, and 3) based on statutes.
The duty was breached.
Proximate cause. Because of A, B resulted.
The physical or emotional injury was of a nature serious enough to warrant the recovery of funds.
Tort is the type of liability most related to leisure programs
Tort = a wrongdoing against a person who suffers damages
Intentional tort – fraud, assault, slander, misrepresentation, etc)
Unintentional Tort – those where one did not intend to injure an individual but an injury did occur
May be caused by omission (something one did not do) or commission (something one did do)
The wrongdoer may have to pay damages if injury or injury or damage occurred
Negligence law is primarily a state law so varies state to state
Duty is based on relationship between service provider and participant – Safe environment and competent leadership under normal conditions
Voluntary – no relationship – voluntary first aid – duty to provide an appropriate standard of care
Relationship based on statutes – ie. Employment, supervisory requirements, rendering 1st aid in specified situations = “Duty to be proactive in protecting one when risk is foreseeable by a prudent professional”
Duty breached – Failure to perform the duty – Plaintiff must show leader did not follow standards of care – commission or omission
Proximate cause – of the injury

5. Activities don’t cause accidents. People do.
Wrong place, wrong time, wrong equipment or facilities, wrong decisions
People seek challenges
Test skills, new challenges, new adventures
Positive stress – Eustress
Self-imposed and has positive effect
Relieves boredom & increases joy of living
Can turn into negative stress, even death
Students don’t have this slide

6. Standard of Care
The professional standard of care does not vary based on the qualifications of the person in charge, whether experienced, older, or certified. If one accepts responsibility for giving leadership to an activity or providing a service, one’s performance is measured against the standard of care of a qualified professional for that situation (Betty van der Smissen)
Competence – Becoming a Leader means declaring competence
Court of law defines competence as equated with that of a reasonable and prudent professional utilizing the best and most current professional practices
Set forth by statute, ordinance, or regulation; by organizations or agencies; or by the profession
Read slide above…..

7. Defining Standard of Care
Nature of the Activity
Types of Participants
Environmental Conditions
- Natural Hazards
- Man-Made Elements
- Layout and Design
Nature of the activity – be aware of skills and abilities needed to be successful and be able to teach them in logical progression
Types of Participants – Be able to modify plans to meet age, size, skill, experience, maturity (chronological and knowledge maturity)
Teach people ---not activities
Environmental Conditions – Physical area – natural and manmade and layout of design
Natural hazards – inherent in the environment – rocks, drop-offs in lakes, poisonous plants, high tide, low rivers could be found on field trip
Manmade Elements – Indoor facilities such as windows, exits, light switches, fire extinguishers, loose or weak boards, electrical cords
Layout and design – stairs, emergency exits, lights, windows, source of emergency help, planning emergency routes – Use and Exit
Risk Mgmt Plan made by administration with input from the face-to-face leaders
Identify risks and practice risk reduction in relation to 1.) supervision 2.) Participants 3.) Setting

8. Supervision
Supervision – Broad term - Denotes responsibility for an area and the activities that take place in the area
Coordinating, directing, overseeing, implementing, managing, superintending, and regulating
Prevent unreasonable risk of harm
Written Supervisory Plan above ******
1.)What type of supervision is needed
2.)Ratio of supervisors to participants in a given activity
3.)Responsibility of supervisors within the environment
4.)Qualifications of the Leader
5.) emergency responses
6.)Crises mgmt

9. Types of Supervision
General supervision is overseeing individuals or groups involved in an activity and does not require constant, unremitting scrutiny of the activity or facility.
Specific supervision is constant and continuous.
Transitional supervision changes from general to specific dependent on the situation and participants.

10. Responsibilities for Supervisors in the Environment
Arrival/departure procedures
Awareness of physical and individual dangers in the environment
Danger to the participant as a result of engaging in the activity (fear, fatigue, heat, chilling air, unsafe practices, etc.)/
Observation of the Activity
Movement through the area
Discipline

11. Identifying Risks associated with Participants and Setting
- Communication at the level and in the language of participant.
- Matching skills and abilities
SETTING
- Conducting Activity
- Duty to warn
- Coercion
- Dangerous Activities and conditions
- Violation of rules
- Safety equipment
- Physical Environment
Conducting Activity includes instruction, orientation, safety rules, basic procedures, use of equipment
Duty to warn about dangers
Coercion – something they feel unable to do physically or psychologically (double dare)
Dangerous activities and conditions – 8 y/o vs. 15 y/o –
Violation of rules – Rules were made for safety – make an activity more safe and not less safe
Safety Equipment – don’t suggest use…demand it
Physical environment - Inspect the area often. Fix hazards

12. Risk Reduction Training Matching Participants
Maintenance of Facilities and Equipment

13. Waivers
A waiver is an agreement by which the participant of an activity agrees to absolve an agency from liability for injury or damage suffered by the participant as a result of negligence of the leisure, recreation, or park professional
Protects an agency from ordinary negligence

14. Agreement to Participate
Used to inform participants of:
The nature of the activity
The risks to be encountered through participation in the activity
The behaviors of expected of the participants