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

Incre

ase

d sta

nd

ard

of

care

ow

ed

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

SupervisionGeneral

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

12-24 mos. 1:3

2 yr olds 1:4

5 yr olds 1:8

6-8 yr olds 1:10

9-12 yr olds 1:12

American Camp Association

4-5 overnight 1:5

4-5 day camp 1:6

6-8 overnight 1:6

6-8 day camp 1:8

9-14 overnight 1:8

9-14 day camp 1:10

15-18 overnight 1:10

15-18 day camp 1:12

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