Transcript How To Protect Yourself From Liability Claims Involving:

US Youth Soccer
Executive Directors
Boston 2004
Insurance Risk Management Issues
Presented By
Pullen Insurance Services
Presentation Outline
1.
2.
3.
4.
Historical General Liability Experience
Premises Defects
Goal Post Safety
Risk Management Issues Affecting Your
Clubs
1) Historical General Liability
Experience
Liability Claims Experience Recap
1998 Through 2003
123 Claims
$1,700,138 Paid & Reserved
Alleged Premise Defect
Third Party Property Damage
Player/Coach Injury
Goal Post Related
Sexual Assault
Other
Frequency
57%
22%
8%
6%
5%
2%
2) Premises Defects—Soccer
Fields
Common General Liability
Losses Involving Playing Fields
• Players injured by improperly seated
sprinkler heads or glass on the field
• Pot holes in the parking lot, spectator side
lines and playing fields
• Defective Bleachers-splinters, rotten boards,
or faulty steps
• Defective gates / walking paths
Common Losses Cont.
• Spectator struck by a soccer ball
• Errant soccer balls kicked into parked
vehicles
• Players climbing over soccer field fences
• Golf cart striking players/spectators
• Players/Spectators injured by goal posts
Soccer Fields
• Lease of premises agreements are a common
contractual instrument used by field owners
(municipalities, parks & rec depts.) which
delineate the responsibilities of the field owner
and user soccer club
• Agreements commonly include hold harmless and
indemnification wording transferring
responsibilities from the property owner back to
the soccer club
Soccer Fields Cont.
• Lease of premises agreements normally
contain certain requirements where the field
owner is named as an additional insured
under your club’s soccer policy. This is
accomplished by the field owner being
provided a certificate of liability insurance
Example: prem agreement.PDF
Risk Management Techniques
• Always enter into a lease agreement with a field
owner outlining responsibilities of the lessor and
lessee
• Never enter into an agreement without complete
understanding of what your signing. Pay attention
to hold harmless and indemnification wording of
contracts
• Never enter into a contract where you accept
responsibility for the field on a 24/7 basis
Risk Mgt. Techniques Cont.
• Resist entering into contracts where you become
responsible for another party’s negligence
• Coaches must inspect playing fields and spectator
areas for hazards (pot holes, glass, bleachers, and
parking areas) prior to activities
• Do not allow participation if hazards can not be
immediately corrected
• Club must notify field owner in writing of any
deficiencies
Risk Mgt. Techniques Cont.
• Inspect, re-inspect and do not allow any of your
players on the field if dangerous conditions are not
corrected
• Remember most contracts signed by clubs are one
way agreements. Push back where you can and
get legal assistance
• Implement a record storage system of executed
lease of premises agreements
• Always inspect goals prior to any activity. This is
the responsibility of coaches and parents
3) Goal Post Safety
Goal Post Safety Loss
Experience
• In the past seven (7) years there has been seven (7)
goal post related liability claims
• Two (2) of the claims involved individual portable
goals that were not properly secured during
practice
• One (1) claim resulted in the death of a player
• Only 2% of all accident medical claims involved
goal post accidents
• 98% of all medical claims involved collision with
goals. Head injuries are the most prominent injury
type
Reducing Goal Post Related
Liability Claims
• Eliminate homemade goals. Do not
manufacture or design your own goal posts
• Eliminate club owned goals on public
property—reduces liability exposure on a
24/7 basis. Let field owners supply goals
• If club owns portable goals on public
property, implement inspection procedures
for maintenance, security, and storage.
Reducing Goal Post Claims
Cont.
• Never perform any type of installation or
maintenance on the goals. This should be done by
an independent contractor with liability insurance
• Never enter into a lease of premises agreement
with a field owner where the club assumes the
liability for goal posts which it does not own
• Perform periodic inspections of all field locations.
Keep records and notify owners in writing of any
deficiencies
Reducing Goal Post Claims
Cont.
• Coaches must always inspect goals prior to use
• Always properly secure portable goals at the
conclusion of play
• Never allow horseplay on or around the goals
• Coaches and parents must supervise all activities.
It is a shared responsibility. Get the message out!
Goal Post Risk Management
• Always inspect portable goals prior to any
activity to insure they are securely anchored
(portable goals are frequently moved for
field maintenance). Communicate this to all
coaches, parents and players!
• Remove nets from the goals when not in use
• Never allow anyone to climb on the net or
goal framework
Goal Post Risk Management Cont.
• Anchor or chain one goal to another, to
itself in a folded down position, or to a
nearby fence post or other sturdy structure
when not in use
• Check for structural integrity and proper
connecting hardware before every use.
Have damaged parts replaced ASAP
Goal Post Risk Management Cont.
• Ensure safety/warning labels are clearly
visible (placed under the crossbar and on
the sides of the down-posts at eye level)
• Fully disassemble goals for seasonal storage
• Always exercise extreme caution when
moving goals. Movable goals should only
be moved by authorized and trained
personnel
Goal Post Risk Management Cont.
• Only use movable goals on level (flat) fields
• Coaches must instruct players and their
parents about the danger of climbing on or
around portable goal post
• Again, both the coaches and parents are
responsible for the supervision of the
players while on the fields.
4) Risk Management Issues
Affecting Your Clubs
Kids Safe
What Is The Quality Of Your Risk
Management Program?
• Does your member clubs conduct criminal
background checks or is it administrated at
the state association level?
• How often are they conducted?
• Does your risk management program
encompass record retention and privacy
issues?
Background Check-Best
Practices
• Have all volunteers with direct contact with
children complete a disclosure form
• Conduct annual criminal background checks on
new volunteers that have direct contact with
children
• Conduct annual random sampling of existing
volunteers
• Check your insurance policy—Does it have a prior
conviction clause?
Automobile Issues
• Communicate to your clubs that drivers
transporting participants to and from
games/tournaments are not provided liability
protection in most policies
• Communicate to your clubs about the increased
rollover risk with 15 passenger vans
• What are the rental agencies' liability insurance
requirements?
Automobile-Best Practices
• National Highway Traffic Safety Admin.
(15-passenger van information source)
• Rental Vehicle Insurance Options:
1. Use personal Auto Policy (Your limits
may be insufficient)
2. Purchase Rental Vehicle Insurance
3. Credit Card Insurance
Fundraising Event Issues
• Advise clubs that your liability insurance
may not extend coverage for claims which
involve serving alcoholic beverages and the
collection of the money from the sales.
Fundraising-Best Practices
• Clubs should contact state association and
discuss with the underwriter
• Endorse liability policy to provide liquor
liability protection if needed
• Have venue concessionaire extend liquor
liability protection to the club and it's
volunteers
Club Owned Fields
• Club owned fields may not be extended
liability coverage under the state association
insurance contract
Club Owned Field-Best
Practices
• GL protects the club when they are acting
on behalf of the state association
• Clubs that allow other organizations to use
fields should consider purchasing additional
liability insurance
• Club should execute a lease of premises
agreement including indemnification and
hold harmless language
Miscellaneous
• Fire, theft, and vandalism of club’s
equipment (goals, uniforms) and business
personal property (office equipment,
computers) is NOT part of your general
liability insurance program
• Make sure all medical claims have a state
authorization signature
Miscellaneous Cont.
• Employment Guide Lines--most D&O
carriers offer risk management assistance
and solutions regarding employment law
solutions to include preserving employment
at will status
• An excellent employment guide for non
profit organizations:
http://cber.chubb.com/epllossprevention/