Expert answer:Waldorf University Legal Issues & Risk Management

Solved by verified expert:minimum of 6 pages…please see all attachments for details.Pick a recreation facility/park/site either on or off campus. Using the risk management information talked about provided in the PowerPoint (attached), students should complete the following information:Choose a park or facility in which to do an assessment. This is not limited to the Tucson. Feel free to explore a campground on Mt. Lemmon or a National Park. After you choose your location, provide a brief history of your site.You can be break down this assignment into four individual sections, (1) Introduction (2)Identification and explanation of risk;(3) Evaluation and explanation of why number was assigned; (4) Risk treatment and overall assessment. Scoring for each section is on the rubric below. The other 5 points will come from your sources (3-4 Sources, APA format)See Rubric for Section Scoring Breakdown
20191023060656risk_management_in_organizations_part_2.pptx

20191023060647park_risk_assessment.docx

20191023060655risk_management_in_organizations_part_1.pptx

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Legal Issues &
Risk Management (Part 2)
Today
• Talk about risk management in regard to
Everest
– Who is responsible? How would negligence apply?
– What type of negligence?
– Defense?
• Risk Management Process Lecture
Risk
Management
Process
Risk
Management
Process
Risk Identification
Tort
Contract
Fidelity
Property Loss
Risk Implementation
Risk Evaluation
Frequency
Policy
Severity
Procedure
Risk Treatment
Retain
Reduce
Transfer
Avoid or close
Timeliness
Step 1: Risk Identification
• Six types of hazards
– Environmental hazards
• Animals, plants, weather
– Infrastructure hazards
• Buildings, roads, trails
– Program hazards
– Emergency care hazards
– Crisis management hazards
– Transportation hazards
Managing Key Risk Areas
• Supervision and
Instruction
• Training
• Facilities and Equipment
• Documentation
• Emergency response
a. Supervision and Instruction
• 2 key points to consider
– The reasonable person test. Supervisors and
instructors are assumed to have an average
knowledge
– Should acquire some type of certification that
shows a level of skill and an awareness of safety.
Qualifications and Certifications
• It is legally important to hire
qualified people.
– You should determine minimum
levels of qualifications or
certifications. This might very
from activity to activity
– Obtain proof of the competence
– Test their qualifications
• Shotgun Instructors
• SUP Instructors
Supervision Ratios
• In some cases supervision ratios
are determined by law
• Many cases though require the
reasonable man test
• Factors that might determine
your ratios
– Nature of the activity
– Age and skill of the participants
– Physical environment
Example
b. Training
• Training employees in safety protocols is an
important part of any risk management plan
• Challenges
– Many of our employees are part-time
– High turnover rate
– We may have a large number of training protocols
in our organization
– Consistency of training within our organization
b. Training
• Training employees in safety protocols is an
important part of any risk management plan
• Challenges
– Many of our employees are part-time
– High turnover rate
– We may have a large number of training protocols
in our organization
– Consistency of training within our organization
c. Facilities and Equipment
• Inspection of facilities and equipment
– Who, how often and what
– Document
• Maintenance of facilities and equipment
– Who, how often and what
– Document
• Proper signage
d. Documentation
• Risk manual or Policy manual that contains all
your policies and forms
– Proof that this information has been
communicated to your employees
• Waivers
• Medical information
e. Emergency Action Plans
• In many cases are largest risk exposure is not
in the incident, but in how we respond to the
incident.
– Injuries
– Evacuation
– Fires
– Lost child
– Severe weather
Example
Example
Example
Example
Step 2: Risk Analysis and Evaluation
• Severity- when the incident occurs how severe
will the injury be?
• Frequency- How often do we expect the
incident to occur?
Management
Process
Step 3:Risk
Risk
Control and
Treatment
high>
Frequency
of
Accidents
Retain
or
Reduce
Avoid
or
Close
Transfer
low>
low^ Magnitude of Loss in Dollars high^
Step 4: Plan Implementation
• The best management
process is chosen for the risk
identified.
• Policies and procedures are
developed for each of the
areas
– Program development
– Staff and volunteer
development
– Management of agency
cliental
– Site and facility development
– Public relations
Damages
• Compensatory
– Reward for harm sustained
• Compensation
• Indemnity
• Restitution
• Punitive
– Award to punish individual
because of outrageous conduct
• Consequential
– Award for indirect damages—
damages being incurred not as
a result of the breach itself, but
due to the end result of the
breach (think contract)
DO: Risk Management Assessment Assignment
pick a recreation facility/park/site either on or off campus. Using the risk
management information talked about provided in the PowerPoint (attached),
students should complete the following information:
STEP 1: Choose a park or facility in which to do an assessment. This is not
limited to the Tucson. Feel free to explore a campground on Mt. Lemmon or
a National Park. After you choose your location, provide a brief history of
your site. (5 points)
STEP 2: Go to your site and Identify a list of potential risks. (5 points)



Walk around the site and make notes of things that are potential
hazards, things that may need signage, things that may be attractive to
children that could put them in danger of harm, etc. (In other words
these hazards may be environmental, infrastructure related,
programming related, or emergency care/crisis management hazards)
Remember, think about what we talked about regarding a standard of
care (hint: this means the degree of care which a reasonable prudent
person should exercise under the same or similar circumstances)
You should try to identify between 6-8 risk
STEP 3: Explain why each of these is a problem and what are the possible
risk associated with each identified problem (10 points)


For this provide a short breakdown of each of the risk you identified
and the potential harm that could come from this risk
For example, many times park and recreation facilities fail to post what
to do in the case of an emergency. Think about this:
o How is this a risk?
o Would a reasonable person been able to anticipate this?
o Is there an assumption of risk associated with the activity that the
participant assumes (think about the sports spectator)
STEP 4: Evaluate the both likelihood of occurrence and the consequences of
each risk based on a 1-5 scale with 1 being low occurrence/severity to 5
being extremely likely/very severe. (10 points).
Frequency and severity are likely to vary, meaning you may rate a risk
management issue a 5 in frequency (very likely to occur), but a 1 in severity
(the consequences are minor).

Ex. if there is a large hole on a youth soccer field the likelihood of an
occurrence is probably high to extremely high for frequency of
occurrence. I would evaluate this as a 4 or 5 on the frequency scale.
However, the consequences or severity of injury that is likely to result
is probably a 1 or 2. In other words you are likely looking at an ankle
sprain at least and a break at worst.
STEP 5: Treatment/Assessment: Your action plan for managing selected
risks (avoid, reduce, transfer, retain) (15 points)

For each of the identified risk explain to me how, if you were the park
and recreation director, you would manage the risk?
o Would you shut the facility and/or program down
(Avoid/Eliminate)?
o Would you transfer the risk to a third party, employing them to
manage the park (Transfer)?
o Would you seek to reduce the risk? How? (Reduce)
o Would you retain the risk and potential lawsuits that could result?
(Retain)

For the last section, conclude your paper by telling me how you feel
about the park/facility overall? Are they doing a good job protecting
themselves? Should they be concerned? What are basic step they need
to take to improve their risk management protocols? Provide an
overall grade
You can be break down this assignment into four individual sections, (1)
Introduction (2)Identification and explanation of risk;(3) Evaluation and
explanation of why number was assigned; (4) Risk treatment and overall
assessment. Scoring for each section is on the rubric below. The other 5
points will come from your sources (3-4 Sources, APA format)
See Rubric for Section Scoring Breakdown
Note: This assignment is hard for me to place a word/page count on.
However, if you are properly assessing 6-8 risk, evaluating these risk, and
providing a treatment/assessment, with your introduction, I would find it hard
to do a good job in less than 5-7 pages. Bullets can be used, particularly in
the first section where you are identifying the risk. However, remember if
you use a bullet, you should have a short paragraph under each explaining
this risk.
Assignment Ruberic
Introduction
Student has provided a brief history and description of the park/recreational
facility in which they conducted their risk assessment
Identification/Explanation of risk
Student has identified risk (6-8) at the site and provided a detailed account
of why these risk are significant
Evaluation
Student has graded each of the risk on the basis of likelihood of occurrence
and identified consequences associated with each
Treatment/Assessment
Student provides a brief action plan of how they would manage each risk.
Student concludes paper with an overall assessment and grade of the facility
Sources
Student references class readings, materials & discussions to cover key
concepts. 3-4 souces are cited in APA format.
Today
• Update on Ethics Paper?
• Risk Management Lecture
• Discussion of Standards of Care Classifications
(if time permits)
• Read the Cases for next class.
Legal Issues &
Risk Management
Risk Management and Liability
• All recreation, parks, and leisure services face
potential loss from risk or a “chance of injury,
damage or loss; a hazard”
– Property Damage (natural disaster, theft, etc.)
– Lawsuits
Risk Management and Liability
• What is Risk Management?
– (a)risk identification and assessment, (b) risk
response strategies, or what to do about the
risks, and (c) management to reduce the
frequency and severity of the risks through an
operational plan.
• How has risk management changed over
the past 20 years?
Risk Management and Liability
Increase of Litigation
-Shift in fault from participants to organizations
– Revenue dynamic in law offices and insurance
companies
-Adoption of comparative negligence standard
Increase of
Litigation
Risk Management
Risk Management and Liability
• Over the past 20 years we have seen an
increase in pressure to keep everyone safe
What Do We Know About Risk
• Risk Homeostasis or Risk Compensation
• Each person has a target level of risk they are
willing to accept
• If confronted with interventions to prevent injury,
some will change behavior to reach their risk
level
Taxi Cab Experiment
Risk Homeostasis
Risk and Human Development
• There is a re-occurring theme
in the literature that children
benefit developmentally from
risk in play and over protection
can inhibit development
• Gill (2007) argues that denying
children opportunities to take
risks will in turn leave them illequipped for life’s challenges
Risk and Human Development
• Dweck (2000) found that risk permits
children to push themselves to the limits of
their capacities and encourages them to
progress
• The Mental Health Foundation has argued
that lack of risk in play is damaging for
children’s well being and resilience, and has
been linked to mental health problems
later in life
Parks and Recreation
Torts
• Tort- A wrongful act or a violation
of a legal duty for which a civil
action for damages may be
brought forward
1.
A breach of legal duty that
requires a person to conform to
certain standard (standard of
care) to prevent injury or
damages
2.
Direct connection between
legal duty and resulting injury
or damage
3.
Actual loss or damage to person
or property of another
Negligence
• Negligence: not doing something which a reasonable
person guided by ordinary considerations would do or
doing something that a reasonable person would not
do
• Degrees of negligence
– Ordinary (Nonfeasance)
• Failure to perform a duty by a wrongdoer who was unaware of the
failure and any realization that his action or failure to act could
cause harm to another
– Gross (Misfeasance)
• Wrongdoer is indifferent about his actions to the extent that it
represents an utter disregard for the rights or welfare of other
people
– Willful and wanton (Malfeasance)
• A person fully intends to commit the negligent act and is well
aware that it will likely cause harm
Negligence
• 4 elements of negligence
– Duty of Care
– Breach of duty
– Proximate cause or a
direct connection
between the damages
and the actions
– Injury/Damages
Duty
• Duty is defined as the
responsibility towards
others arising from a
relationship between two
parties to protect them
from unreasonable risk of
injury
• Duty vs Obligation
– Obligations are the means by
which one fulfills their duty
• Obligation to warn
• Obligation to supervise
Standard of Care
• The degree of care which a
reasonable prudent person
should exercise under the
same or similar
circumstances
• Your standard of care can
be different based on:
– Free time or
unscheduled time
– Type of activity
– Age range
Defenses to Negligence
• Laws and Statutes
– Failure of Proof
– Notice of Claim (30-120 days)
– Statue of Limitation (2-3 years)
• Waivers and Releases
• Contributory/Comparative negligence
– More of a transfer strategy
• Assumption of risk
– The person voluntarily subjected themselves to a known
risk. Predicated on the notion that:
• Person had knowledge of risk
• The person appreciates the nature of the risk
• The person subjects themselves to damage
CTE, The NFL, and Assumption of Risk
NFL and Field Safety
Case Law and Risk Management
• How can we use case law to help guide our
policies?
Strother vs. Lexington County
Recreation Commission (1998)
• Strother tripped over a popped up sprinkler head
while playing softball
• Claims Lexington County had actual notice
• Sprinkler system shown to have issues
Thoughts?
• Courts found that there was no actual or
constructive notice
Hurst vs. East Hockey League
(2006)
• Fan was injured by a hockey puck during a
hockey game
• Summary judgment was granted
Thoughts?
• Doctrine of primary implied assumption of
risk, the spectator assumed the risk of being
struck in the face by a flying puck
Elledge vs. Richland/Lexington School
District Five (2002)
• Child was injured in a fall from school playground
equipment
• The equipment had been modified in an attempt
to make the equipment safer
• Did not follow CPSC and ASTM
Thoughts?
• Elledge could not prove causation
• Summary judgment granted and affirmed

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