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

3. 2009 WIAA Coaches School

4. 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.

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

6. What Determines Liability? Four point test

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

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

9. 3. Damages or injuries occurred To the individual To the individual To property To property

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

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

12. Risk Management Principles Eliminate the Risk—Just say “NO” Eliminate the Risk—Just say “NO” Manage the Risk-control strategies for minimizing the liability exposure 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”* “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 *NOT recommended/highly risky to schools, coaches, administrators and those formerly protected by good risk management practices

13. DUTY OF ORDINARY CARE 14 Duties in Athletics Duty to Plan Duty to Plan Duty to Supervise Duty to Supervise Duty to Assess Readiness for Practice/Competition Duty to Assess Readiness for Practice/Competition Duty to Maintain Safe Playing Conditions Duty to Maintain Safe Playing Conditions Duty to Provide Proper Equipment Duty to Provide Proper Equipment

14. DUTY OF ORDINARY CARE 14 Duties in Athletics-pg. 2 Duty to Provide Emergency Care Duty to Provide Emergency Care Duty to Develop an Emergency Response Plan Duty to Develop an Emergency Response Plan Duty to Provide Proper Transportation Duty to Provide Proper Transportation Duty to Select, Train and Supervise Coaches Duty to Select, Train and Supervise Coaches

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

16. 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

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

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

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

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

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

22. 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. 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.

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