Chapter 11 - Risk Management Flashcards
To minimize liability anytime people are involved an activity where illness, injuries or accident could happen?
Risk Management Defined
Increased participation in year-round activities, new technology, and more sophisticated equipment and increased access to legal services?
Why Lawsuits are Increasing
Intentional acts against the public that are addressed in state and federal penal codes?
Type of Law: Criminal Law
Civil issues that involve a breach of contract where people seed to be compensated for losses?
Example: Injuries or damage to property most associated with recreation and sport.
Type of Law: Tort Law
Act that results in personal injury or property due to carelessness in the course of one’s duties? Four elements must exist?
Negligence Defined
Element of Negligence
Responsibility or legal obligation to another individual based on a legal relationship mandated by law, inherent to the relationship, or voluntarily undertaken?
Duty Defined
Element of Negligence
Acts measured against what a reasonable, prudent and competent person would do in a similar situation?
Standard of Care Defined
Element of Negligence
In any organization, interns, volunteers, and staff are held to the same standard of what is reasonable?
Standard of Care for Personnel
Element of Negligence
Relates to the ages of people generally held responsible for their own actions?
“Rule of Seven” Defined
Element of Negligence
The population of children not responsible for their own welfare and considered immature to recognize dangerous situations?
Rule of Seven - Children less than 7 years old.
Element of Negligence
The population of children partially responsible for their own safety and can recognize warnings and dangerous situations?
Rule of Seven - Children 7 to 14 years old.
Element of Negligence
Have experience and able to make good judgments and mostly responsibility to make good judgments? (Have the capacity to understand risks and take appropriate actions.)
Rule of Seven - Youth 14 through 21 years old.
Element of Negligence
Leader/Supervisor does not do something he/she should do in a situation?
Act of Omission Defined
Element of Negligence
The leader does something he/she should do, but does it incorrectly?
Act of Commission Defined
Element of Negligence
Neglects his/her duties altogether and lacks involvement? (Example: Lifeguard at a water park talking to guests instead of watching the pool)
Passive Negligence Defined
Element of Negligence
The injury was a direct cause of an action and that action caused the injury?
Proximate Cause Defined
Element of Negligence
An actual physical or emotional injury to a person or physical damage to property or equipment occurs?
Injury/Damage Defined
Supervision
Have the duty to “supervise” depending on the relationships, the standard of care, skill level of the participants and “Rules of Seven”?
Supervision Defined
Supervision
The Leader acts in place of the parent or legal guardian and is required to provide a higher quality of care?
Loco Parentis Defined
Supervision
23% of all lawsuits against recreation and sports leaders?
Supervision
Three Types of Supervision
Leader oversees the broad conduct of the participants and maintains close visual, and voice contact?
General Supervision Defined
Three Types of Supervision
Change in the situation determines a change in the level of supervision especially from general skills to specific skills or a change in environmental conditions?
Transitional Supervision Defined
Three Types of Supervision
Used when the instruction is involved and especially when participants are low skilled. Close visual and voice contact is essential and personal contact may also be needed?
Specific Supervision Defined
Leaders as Supervisors
Have a legal duty and measured against how a reasonable and prudent professional would act in a similar situation?
Leaders as Supervisors Defined
Supervisor Functions
Maintain control of the group behavior while maintaining safe conditions and enforcing rules?
Manage Participant Behaviors
Supervisor Functions
Provide aid in an emergency, activate EMS, and ensure leaders have First-Aid, CPR, and AED training?
Render Emergency Care
Supervisor Functions
Establish rules for all different skill levels for all participants allowing different environmental conditions?
Enforce Rules Equitably
Supervisor Functions
Responsible for the behavior of participants, staffing numbers, the difficulty level of activity, equipment and foresee unexpected potential dangerous situations?
Alert to Dangerous Situations
Supervisor Functions
Scout ahead of time when an activity is conducted away from the home facility or in a new geographic location?
Maintain Responsibilities Off Premise
Supervisor Functions
Written plan that educates current staff and is used to train new staff members? Used as a guide for unexpected situations and should be reviewed and updated regularly?
Develop/Utilize Supervision Plan
Supervision Plan
Necessary qualifications, certifications, and experience needed?
Supervisor Requirements
Supervision Plan
General, Transitional and Specific Supervision?
Types of Supervision
Supervision Plan
Proper spacing between activity groups, with close visual and vocal contact maintained?
Supervision Location
Supervision Plan
Comes with experience when a leader must step in to alter participant behavior or remove participants from a dangerous situation?
When a Supervisor Should Step In
Supervision Plan
Duties include performing first aid, ensure safe facilities and equipment?
Supervisor Expectations
Conduct of the Activity
Knowledge of experience, physical conditioning and physical capabilities for participants?
Knowledge of Participants
Conduct of the Activity
Cognitive/Emotional capabilities, age, maturity, and individual difference of the participants?
Developmental Abilities
Conduct of the Activity
Knowledge base and experience of conducting the activity? Supervision and pre-testing for physical ability conducted? (screening)
Previous Experience
Conduct of the Activity
Knowledge of any physical limitation that might interfere with full or safe participation indicated on standard medical forms?
Physical Condition
Conduct of the Activity
When a specific activity creates physical or emotional stress that might impede the safety and maximum enjoyment of an activity?
Physically and Emotional Capabilities
Conduct of the Activity
Where potential hazards, traffic flow, type of surface or weather conditions play a role in the activity?
Knowledge of Environment
Conduct of the Activity
Conducting an activity using an unsafe location or where potential hazards exist?
Leader Liability
Conduct of the Activity
Modify or stop an activity or continue after a temporary repair when participants are aware of the hazard?
Choices of Unsafe Areas
Conduct of the Activity
Periodic inspections of facilities, equipment, or environment prior to activity?
Minimizing Risks
