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Risk Management

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the control of financial and personal injury loss form sudden, unforeseen unusual accidents and intentional torts. These can be either physical or financial

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3 steps of DIM process

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(1) developing the risk management plan (2) implementing the risk management plan (3) managing the risk management plan

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3 steps of developing a risk management plan

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(1) identifying the risks (2) classifying the risks (3) selecting treatments for the risks

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(1) `Identifying risks

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must determine the various risks or losses that may occur during any given event. Can be done by surveying attendees, inspecting the facility, talking to current employees, talking to other facilities staff

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Standard Operating Procedure (SOPs)

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first variable in the risk management equation. These are guidelines or methods utilized to manage the facility on a day-to-day basis. These will assist a facility or risk manager to identify various risks.

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(2) Classifying Risks

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The risk manager takes each of the previously identified risks and quantifies it in terms of frequency and severity. The rates given are determined by previous experiences. Both personal injury and financial losses need to be classified in terms of their frequency and severity.

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Frequency of Risk

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dependent on the number of times the risk or loss may occur. These can be assessed using "often," "average," or "seldom."

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Severity of Risk

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determined by the intensity of the loss and should be classified as "catastrophic," "critical," or "low."

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Inherent Risk

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risks or potential losses that are associated with the specific activity or sport

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Non-inherent risks

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Risks or potential loses that not associated with a particular sport (rolling an ankle at a swimming pool). These must be decreased as much as possible by the venue manager since the courts will mot accept an "assumption of risk" defense if the spectator did not know, understand, and appreciate the inherent risk.

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(3) Treating the Risks

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treating of identified and classified risks. Depends on the nature of the risk and the likelihood of the risk occurring. Use a risk matrix in the identification process.

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Avoidance

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A specific activity should not be started or the activity should be discontinued if it is presently being offered. Risks should be avoided when they could cause a catastrophic or critical loss with medium or high frequency.

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Transfer

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The shifting of the financial responsibility for an injury or loss from the facility manger/owner to a third party. Transfer occurs when the risk is not severe enough to avoid the risk but it is greater than what the venue can assume on its own. Occurs in almost every instance with the exception of catastrophical/ critical loss with medium/high frequency (would use avoidance) or low loss and medium/ low frequency (retention).

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Insurance

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Transfer of financial risk from one individual to an outside organization. The insurance company transfers financial liabilities from the policy-holder to the insurer.

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Premium

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paying an insurance company to cover any type of financial loss that may occur up to the limits of the policy (monthly, quarterly, or yearly.

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Claim

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after suffering a financial loss, a policy-holder notifies the insurance company to cover the financial liability according to the stipulations of the policy

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Deductible

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the amount of money (liability) the policy-holder owes before the insurance company becomes liable. The ___ is inversely related to the premium

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Personal liability insurance

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If a spectator, participant, or employee is injured by something the facility manager did or did not do, then the individual was injured personally and can sue to recover appropriate damages. These are covered by insurance and most facilities have a minimum of $1 million worth of insurance

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Retention

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A venue becomes financially responsible for any injuries or financial risks that may occur to their stakeholders or to the venue itself

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Reduction

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involves trying to restrict the risks, therefore diminishing the number of lawsuits. Requiring employees to undertake in more training, using preventive measures, accident forms, participation forms, and instructions, and proper signage.

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Implementing the risk management plan

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Employee involvement Orientation handbook In-service training

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Managing the risk management plan

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Risk manager/safety committee to manage risks Scope of duties Upper management support Evolve and fluctuate never static

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Premises Liability

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the legal responsibility of facility or event manager owes to the individuals utilizing the venue

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Negligance

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Falls under the body of law of torts. Deals with avoidable accidents that should have been anticipated and prevented by taking reasonable precautions.

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Duty

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Venue managers must do what a reasonably prudent person in a similar situation would do

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Relationship (duty)

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There must be a __ between the service provider and the injured party that requires the service provider to protect the plaintiff from unreasonable risk of harm

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"Types of Specific Duties"

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require a professional to abide by specific standards of care established or adopted as the standards of professional behavior in the particular industry

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"status of the plaintiff

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third criterion that must be established to determine if a duty exists pertains the ___ of the plaintiff. Fourd types- invitee, licensee, trespasser, and recreational user

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Invitee

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someone who has paid a fee or can be expected to pay a fee in the future for the use of the facility

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Licensee

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someone who has been allowed, without expectation of monetary exchange, to use the premises

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Trespasser

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someone who enters the premises without permission, is owed only the duty not to intentionally harm

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Recreational user

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an individual who uses another person's property with her or his permission. The recreational user does not pay a fee for this opportunity.

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Reasonably Prudent Professional

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A facility manger must be cognizant of particular situations that could potentially arise in a given activity, how they might be viewed from a legal perspective, and whether that particular activity warrants a special relationship to the patron

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Breach of Duty

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when something the defendant (service provider) either did (commission) or did not do (omission) to meet the obligation of the standard of care of a reasonably prudent professional (RRP). Once a duty has been established, then a ______ must be proven for a negligence case to continue

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Proximate Cause

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the connection or bridge between the breach of duty and the harm that occurred. There must be a connection between the negligent act and the injury. For this to occur the service provider/ professional must have done, or not done, something that could be reasonably expected to result in an unreasonable risk of harm.

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Damage

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refers to the physical or emotional loss suffered by the injured party. Four categories (1) economic loss (medical expense, lost wages) (2) physical pain and suffering (3) emotional distress (fright, anxiety, humiliation_, and ($) physical impairment (temporary or permanent). Or the compensation the plaintiff receives in order to return to the way they were before the injury.

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Negligence not met

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In order for a negligence suit to have merit, all four elements (duty, breach of duty, cause, and damage) must be present.

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Primary Assumption of Risk

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The patron voluntarily put himself or herself in harm's way; the risk associated with the injury is inherent to the sport; and the participant knows, understands, and appreciates the potential risks associated with the acitvity

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Contributory Negligence

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used if the participant in some way contributed to his or her own injuries. Any fault on the part of the plaintiff will completely bar them from receiving any type of compensatory award

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Facility Lease agreement

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rental contracts between the facility and the agency or organization interested in using the facility.

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Independent Contractors

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agencies that have been outsourced are responsible for the hiring, employment, and training of their staff, while the facility manger exercise little control over them

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Comparative Fault

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the amount of award is reduced by the amount of fault by the plaintiff. In most cases the plaintiffs can recover up to the point at which they are 50% at fault; beyond that they are barred from recovery

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Immunity

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legal sense occurs when individuals or organizations are exempted from being found negligent for their actions or those actions taking place on their property

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Recreational User statutes

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this protects landowners who let others use their property without any type of fee

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Volunteer immunity

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protected from liability as long as they were acting within the scope of their employment. In addition, on order for this Act to apply, volunteers must be licensed, not operating a motor vehicle, and must under go safety training

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Good Samaritan statutes

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enacted "to provide immunity from liability for certain parties who voluntarily and gratuitously come to the aid of injured persons

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Statute of Limitations

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The time allotted for a negligence claim to remain viable varies by state.

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Waiver

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refers to any document that seeks to transfer liability from a service provider to a participant or spectator. In the form of a contract

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Agreement to Partcipate

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not in the form of a contract. These spell out inherent risks and provide instructions to participants, but they do not include an exculpatory clause barring the signee from suing

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exculpatory clause

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part of an agreement which relieves one party from liability. It is a provision in a contract which is intended to protect one party from being sued for their wrongdoing or negligence.

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Responsibility for liability

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Employee- usually negligent Administrative or supervisory personnel The corporate entity Facility liability

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Respondent superior or Vicarious Liability

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General rule is if an employee is found to be negligent in the course and scope of his or her duties, then the employer might also be negligent

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Premise-related issues

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Inspection of premises Provision of medical assistance Emergency care

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General Supervision

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consists of the general overseeing of a group of individuals

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Specific Supervision

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"constant and continuous" and is generally used with small groups or at those times when specific instruction is necessary

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Transitional Supervision

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occurs when the supervision transitions form general to specific and back. This will be dependent on the type of equipment being utilized, the age of participants, and their skill level

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Hostile Work Envrioment

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present when interference with work performance occurs or an intimidating environment is created. Has five elements

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Hostile Work Environment- Five elements

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(1) the employee is part of a protected class-based on sex, race, age, religion, disability, or ethnicity (2) the harassment was unwelcomed (3) the harassment was based on protected class (4) the harassment affected the employment situation (5) the employer knew, or should have known, of the harassment and failed to take corrective action

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Crowd Management

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organization strategy designed to assist facility or event administrators in providing a safe and enjoyable environment for their guests by implementing the facility or event's policies and procedures. This assists only in supervising or managing a crowd, not controlling it

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Stampede

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A type of dangerous crowd movement- occurs when patrons hurriedly move away from something of perceived danger, such as a fight, a brandished weapon, or a fire.

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Crush

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A type of dangerous crowd movement- occurs when patrons move toward something of perceived value, such as a goalpost, popular athlete, or brand member

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Duty of Care

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facility management has a duty to provide a safe environment to spectators, this ___ to protect does not extend to unforeseeable acts committed by third parties

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limiting litigation claims of negligence

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Hiring of personnel Facility design Supervision Training

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Foreseeability

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reasonable anticipation that harm or injury is a likely result from certain acts or omissions

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Status

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The duty of care owed to a group of spectators depend on their ____. Most athletes and fans are classified as invitees. These individuals are owed the greatest degree of care form any known defects or problems.

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Degree of Care

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The amount of care you owe a status invitee, licensee, recreational user, and trespasser

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Peer-group security

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people of the same general age, physical appearance, or cultural background as concert goers. They receive specific training relevant to rock events and were more able to relate to the ticket buyers

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Crowd management Companies

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instead of the promoters providing peer-group security, ___ came into existence. Promoters, facility mangers, and event managers began to outsource their crowd management needs.

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Contemporary Services Corporation (CSC)

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became the pioneer in peer-group security.

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Global crowd management concerns

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Failure to implement crowd management techniques can result in disaster and tragedy Hooliganism Stadium overcrowding

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North American crowd management problems

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Concert crowd stampedes Pyrotechnics malfunction Fans littering field Fans entering playing field

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Vulerability Self-Assessment Tool (ViSAT)

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an online program designed to be integrated with a facility's standard operating procedures. This tool allows venue security managers the opportunity to assess the vulnerabilities of their public assembly facilities.

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International Association of Assembly Manager (IAAM)

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professional organization comprised of members from auditoriums, arenas, convention centers, exhibit halls, stadiums, theaters, and amphitheaters. Their mission is to educate, advocate for, and inspire public assembly venue professionals, worldwide.

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Components of crowd management plan

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Training qualified and knowledgeable staff Implementing an emergency or evacuation plan Ejecting disruptive, unruly, or intoxicated patrons Establishing an effective communication network Utilizing proper signage Implementing and evaluating the plan

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Federal Emergency Management Agency FEMA

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federal government takes control of security using the Secret Service and the FBI.

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Emergency Management

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the process of preparing for, mitigating ,responding to and recovering from an emergency Setting goals and specifying a program to achieve them

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Improving your facility's disaster profile

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"Fright or flight" syndrome Proper employee training (response template) Staff leadership

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Local Emergency

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a type of emergency that is confined to a single setting, such as a school gym, athletic contest, or sports event. Uses EMS

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Major Emergency

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requires the involvement of several groups outside the organization or event. The scope of a ___ is dependent on the severity of the threat to the people or property. May involve natural or technical disasters- building fire, collapse of bleachers, or riots during soccer matches

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Catastrophic emergency

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involves the entire community in which an event takes places. Often task federal, state, and local agencies or systems such as tornadoes, earthquakes, and severe storms

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Paralysis by overanalysis

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Overanlayzing a situation. Address "what needs to be done?" plan for the likely and unlikely, don't over think it

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Building a Preparedness Culture

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Involves all employees Part of organization's mission and culture Participants, spectators, and sponsors informed

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Forming an Emergency Planning Team

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Benefit of a team approach Sense of ownership Authority Involvement of outside agencies

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Emergency Management Plan Development

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Assess and reassess organization capabilities Identify applicable codes and regulations Write the plan

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Emergency Management Plan Implementation

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Part of organization facility and event operations Proper distribution Awareness and training

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Emergency medical response plan (EMRP)

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In addition to developing an EMP for major or catastrophic emergencies that may involve the evacuation of a sport facility. Used for heart attacks or "slips and falls." Have medical stations set up around the perimeter of the event

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Automatic External Defibrillators

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self-contained device similar in size to a laptop. AED reads the victim's heart rhythms and a voice tells the responder whether or not to push the defibrillator button.

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Dram Shop Laws

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a commercial establishment can be held liable if an employee sells alcohol to a visibly drunk person who later is involved in an accident. Employers extensively train employees to be aware of this

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Social Host Liquor Liability

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applies to individuals who provide alcohol to visibly intoxicated guests. Hosts can be liable for failing to prevent persons for drinking more when they are visibly intoxicated or allowing intoxicated individuals to drive

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Pour Costs

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what the product costs the facilities for the product container and any associated labor

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