1. Legal Liability and Risk Management in Physical Education and Sport
SHAPE SD Conference Friday Session -Dr. Orr
Northern State University HPE

3. Is risk a cost of YOUR business?

4. In Recreation?

5. Tourism…A Risky Business?

6. Outdoor Rec management?

7. Sports?

8. Special Events?

9. And of course in PE

10. Some examples of reactions
, Workers’ compensation laws
1933, Glass-Steagall Act, prohibiting common ownership of banks, investment banks and insurance companies FDIC.
1962, A Silent Spring, Rachel Carson (pesticides)
1965, The Corvair, Ralph Nader- unsage at any speedconsumer risk management
2001, Fast Food Nation by Eric Schlosser examines the local and global influence of the U.S. fast food industry.

11. Make it idiot-proof and someone will make a better idiot.
Risk Management
Make it idiot-proof and someone will make a better idiot.

12. What is Risk Management?
Is the process of measuring, or assessing risk and developing strategies to manage it.
Is the steps taken to minimize undesirable risks found in the programs or events we lead.

13. Risk Management is also being Proactive
Consider the definition of risk management.
What risks do these organizations face?
Skydive Greensburg….
Paoli Peaks Ski Resort….
McQuades Softball Tournament….
Lake Monroe Boat Rental….
Lead-Deadwood 9th grade PE
How might they address these risks?

14. How might organizations consider risks?
Prioritize
Based on probability of occurrence
Possible outcome if risks actually happens
Potential Risk Treatments
Once risks have been identified and assessed, all techniques to manage the risk fall into one or more of these four major categories: (Dorfman, 1997)
Avoidance
Reduction
Acceptance
Transfer

15. Risk transfer Another party accepts the risk: Assumption of Risk Forms
contract
Insurance
contract language
Assumption of Risk Forms
Example; ProAmbitions (Handout)

16. Risk avoidance
Includes not performing an activity that could carry risk.
If your mission is to lead wilderness canoe trips, taking the wilderness out of the equation will avoid the risk- but defeat the purpose.
Avoiding class V rapids with beginning paddlers might prove advantageous

17. Risk reduction
Involves methods that reduce the severity of the loss/risk.
Traction strips on wooden stairs
Helmets for certain recreational sports
Harnesses for canopy ecotourism
Background checks on employees

18. Risk retention Involves accepting the loss when it occurs.
True self insurance falls in this category.
Viable strategy for small risks.
All risks that are not avoided or transferred are retained by default.
This includes risks that are so large or catastrophic that they either cannot be insured against or the premiums would be infeasible.
Deliberate indifference

19. Negligence Key concept when you are a service provider.
Is an act that results in personal injury to another person or their property.

20. 4 Conditions for Negligence, all must be met to apply
Duty: obligation one person owes to another person based on legal relationship
An Act or Standard of Care: actions owed to the participant by the programmer- based on what they should be able to provide.
Proximate Cause: injury was the during result of an action or non-action.
Injury/Damage: actual injury to a person or damage to property.

21. Attractive Nuisance
The attractive nuisance doctrine states that landowner may be held liable for injuries to children trespassing on the land if the injury is caused by a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the risk posed by the object or condition. However, it can be applied to virtually anything on the property of the landowner.

22. Do we mean what we say?
Captain Morgan: Drink responsibly - Captain's orders!.....When are we just pleasing our lawyers?

23. French Lick http://www.frenchlick.com/
The casino opened for business on November 3, 2006 after a gaming license originally intended for Patoka Lake was transferred to French Lick. Since casinos were illegal in Indiana unless they are on a riverboat[1], the casino was surrounded by a moat and shaped like a boat.

25. Risk Management Plan Risk Management Plan- how can you minimize risk?
Think about what is necessary to maximize safety.
Do you need an ambulance handy? First aid/CPR certified people on staff?
What potential issues might you face with your program

26. Individually- Create a Plan- PE
Develop a list of all the foreseeable risks
Categorize these risks into basic themes that should be considered as a group.
Devise how the risks will be dealt with; avoidance, reduction, retention, or transfer.
Create a few methods to minimize each risk.

27. RM Plan Discussion What risks are present in your PE programs?
How are you going to address each?
What are some you retain?
Reduce?
Transfer?
Avoid?

28. Your Final Risk Management Plan
An overview of the risks inherent with your class/event/program
A list of the top 15 risks associated with your program/event
Detailed description of how each risk will be avoided, reduced, transferred, or retained.
How this will happen.
Rationale for risks that are retained.