Advanced Legal Services for Athletic & Recreational Businesses
We can help businesses and organizations not only with the basics (well-drafted, well-deployed, release of liability language), but also with a variety of other important risk-management considerations, including:
- Representation of organizations and their insurers in claims arising out of athletic/recreational events (especially cases involving the enforceability of pre-event waivers of liability).
- Policy creation and staff training materials relating to waiver-of-liability and risk-management issues.
- Legal audits for best practices relating to accident prevention/liability reduction.
Event and facility insurance coverage issues. - Negotiation and litigation with insurance companies that refuse to comply with their insurance coverage or defense obligations to your organization.
- Insurance coverage analysis/opinions (both pre-accident, and post-accident).
- Warning signage wording, design, deployment.
- Creation/review of stadium and other venue “back-of-the-ticket” language (addressing warnings, and assumption of risk terms).
- The wording of event public-address announcements relating to safety issues (important to assumption of risk defenses in spectator injury cases in many states).
- Asset-protection strategies, relating to, for example:
- Whether your organization should or can be organized as a non-profit or for-profit entity, and whether doing such would provide liability-reduction or tax-reduction benefits.
- How assets should be owned (e.g., whether ownership of facilities used for an athletic/recreational activity should be held by the same entity that organizes the athletic/recreational activity).
- Accident investigation, documentation and evidence preservation.
- Advice relating to handling media inquires relating to serious injuries/deaths.
- Pre-construction analysis of recreational facility legal risk and liability issues—which analysis can help your organization make important business decisions on an informed basis, rather than on speculation. Our analysis can address for your organization the legal issues relating to such questions as, for example, “If we were to build a swimming pool . . . ”:
- “If someone drowns or is seriously injured in the pool, what is our organization’s potential liability?”
- “How should we structure/design our operations so as to minimize the risk of personal liability for our organization’s officers, directors and employees?”
- “Would insurance coverage be available for the pool, and if yes, what would the extent of that coverage be, and at what cost to the organization, compared to the likely revenue that could be generated by the new facility?”
- Advice relating to employee background checks and hiring/firing decisions, especially as those relate to the prevention of sexual impropriety/abuse claims in athletic/recreational settings, and advice/analysis relating to potential liability resulting from such claims.
- Neighbor relations/conflicts (such as for example, communications, negotiations and defense of lawsuits relating to nuisance claims against facilities relating to event or operational noise levels).
- Electronic registration forms (including waiver of liability terms).
- Waiver of liability record management program design.
To learn more about how we can assist you, click on any of the topics at right. CLICK HERE to learn about how to obtain a No-Charge, No-Obligation Review of your current waiver-of-liability terms.
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