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US Youth Soccer adidas Workshop

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US Youth Soccer adidas Workshop & Coaches Convention. Boston 2004. Presented by: ... Lease of premises agreements are a common contractual instrument used by field ... – PowerPoint PPT presentation

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Title: US Youth Soccer adidas Workshop


1
Protecting Yourself From Liability Claims
Involving Soccer Fields Goal Posts
  • US Youth Soccer adidas Workshop
  • Coaches Convention
  • Boston 2004
  • Presented by
  • Pullen Insurance Services

2
Liability Claims Experience Recap 1998 Through
2003
  • 123 Claims 3,700,138 Paid
    Reserved
  • Frequency
  • Alleged Premise Defect
    57
  • Third Party Property Damage
    22
  • Player/Coach Injury
    8
  • Goal Post Related
    6
  • Sexual Assault
    5
  • Other
    2

3
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

4
Soccer Fields Cont.
  • Lease of premises agreements normally contain
    certain requirements where the field owner is
    named as an additional insured under your clubs
    soccer policy. This is accomplished by the field
    owner being provided a certificate of liability
    insurance

5
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

6
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

7
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

8
Risk Mgt. Techniques Cont.
  • Resist entering into contracts where you become
    responsible for another partys negligence
  • Execute Field Owner Agreements having mutual hold
    harmless / indemnification language
  • Execute agreements that limit the extent of
    protection provided to the field owner under your
    policy

9
Risk Mgt. Techniques Cont
  • 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

10
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

11
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

12
Reducing Goal Post Related Liability Claims
  • Eliminate homemade goals. Do not manufacture or
    design your own goal posts
  • Eliminate club owned goals on public
    propertyreduces 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.

13
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

14
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!

15
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

16
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

17
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

18
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.

19
Goal Post Guideline Resource
  • U.S. Consumer Products Safety Commission.
    Further information can be downloaded from their
    website regarding goal post safety www.
    cpsc.gov
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