SLIDE 1 PARKS AND RECREATION POLICY AND LEGAL TOOLS FOR A HEALTHIER FUTURE LEGAL TOOLS FOR A HEALTHIER FUTURE
LIABILITY ISSUES 101 LIABILITY ISSUES 101
The legal information and assistance provided in this workshop does not constitute legal advice or legal
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The Public Health Law Center The Public Health Law Center
SLIDE 3 Li bilit Iss es Li bilit Iss es 101 101 Objecti es Objecti es Liability Issues Liability Issues 101 101 -
Objectives
Discuss the impact liability issues have on parks and
recreation activities.
Recognize the liability risks of parks and recreation
activities.
Identify ways to minimize liability risks of these
activities.
Apply liability standards to different situations. Develop strategies to reduce liability exposure.
p g y p
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Wh Does Li bilit M tter? Wh Does Li bilit M tter? Why Does Liability Matter? Why Does Liability Matter?
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Wh t is “Tort”? Wh t is “Tort”? What is a “Tort”? What is a “Tort”?
SLIDE 6 Elements of Li bilit Elements of Li bilit Elements of Liability Elements of Liability
Duty of care; Failed in Duty; and That failure caused harm that could have been
reasonably expected to occur
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Ne li ence Ne li ence Negligence Negligence
Reasonable Person Standard Reasonable Person Standard
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Imm nit : Defense to Li bilit Imm nit : Defense to Li bilit Immunity: Defense to Liability Immunity: Defense to Liability
Minnesota Civil Damages Act Damages Act
SLIDE 9 Imm nit : Defense to Li bilit Imm nit : Defense to Li bilit Immunity: Defense to Liability Immunity: Defense to Liability
Who is covered? Who is covered?
Municipality includes cities and parks. Employee officer or agent when acting within scope of Employee, officer, or agent when acting within scope of
employment
Not covered:
I d d C
Independent Contractor Outside Scope of Employment
SLIDE 10 Imm nit : Ro d M p in Minnesot Imm nit : Ro d M p in Minnesot Immunity: Road Map in Minnesota Immunity: Road Map in Minnesota
466 03 E i 466.03 Exceptions:
- Subd. 4.Accumulations of snow and ice.
- Subd. 6. Discretionary acts.
- Subd. 6b.Unimproved property.
- Subd. 6e.Parks and recreation areas.
- Subd. 6f.Beach or pool equipment.
- Subd. 6f.Beach or pool equipment.
- Subd. 21.Geographic information
systems (GIS) data.
Subd 23 Recreational use of school
- Subd. 23.Recreational use of school
property and facilities.
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Imm nit : Wh It M tters? Imm nit : Wh It M tters? Immunity: Why It Matters? Immunity: Why It Matters?
Ri k M t Risk Management
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Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
466 03 Subd 6e Parks and recreation areas 466.03 Subd. 6e. Parks and recreation areas.
SLIDE 13 R r ti n l U Imm nit R r ti n l U Imm nit C rt C rt C * Recreational Use Immunity: Recreational Use Immunity: Court Court Cases Cases*
Date School – Immunity Applied School – Immunity Not Applied City – Immunity Applied City – Immunity Not Applied Pre-1995 n/a n/a 8 (2 unpublished) n/a 1995-1999 5 (5 n/a 15 (10 2 (2 1995 1999 5 (5 unpublished) n/a 15 (10 unpublished) 2 (2 unpublished) 2000-2010 3 (2 unpublished) 1 13 (5 unpublished) 3 (2 unpublished) unpublished) unpublished) unpublished) 2011 to present 1 (1 unpublished) n/a n/a n/a *Estimated Numbers
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Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
Does the Recreational Use Immunity statute Use Immunity statute apply to the property or the actions of the the actions of the city/employee?
SLIDE 15 Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
Were the actions that led to the harm part of Were the actions that led to the harm part of the construction, operation or maintenance of the recreational property or part of the the recreational property, or part of the provision of recreational services?
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Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
Was the property open and intended to be Was the property open and intended to be used for recreational purposes?
SLIDE 17 R ti n l U I nit R ti n l U I nit Recreational Use Immunity Recreational Use Immunity Trespasser Standard Trespasser Standard
SLIDE 18 Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
Adult Standard: Section 335 - Artificial Adult Standard: Section 335 Artificial Conditions Highly Dangerous to Constant Trespassers on Limited Area Trespassers on Limited Area
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Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
I th diti th t Is the condition that caused harm an artificial condition?
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Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
Did the city or city l k employee know the artificial condition was likely to cause y death or serious bodily harm? bodily harm?
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Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
Was the artificial condition hidden? Was the artificial condition hidden?
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Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
Did the city or city l f il t employee fail to exercise reasonable care to warn of the artificial condition?
SLIDE 23 Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
Recap: What to Ask? Recap: What to Ask? Is the condition that caused harm an artificial condition? If Yes: If Yes: Did the city or city employee know the condition was likely to cause death or serious bodily harm? likely to cause death or serious bodily harm? Was the condition hidden? If Yes: If Yes: Did the city or city employee fail to exercise reasonable care to warn of the condition? care to warn of the condition?
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Recre tion l Use Imm nit Recre tion l Use Imm nit Recreational Use Immunity Recreational Use Immunity
Child Standard: Section 339 A tifi i l 339 - Artificial Conditions Highly Dangerous to Trespassing Children p g
SLIDE 25 Discretion r Acts Imm nit Discretion r Acts Imm nit Discretionary Acts Immunity Discretionary Acts Immunity
466 03 Subd 6 Discretionary acts 466.03 Subd. 6. Discretionary acts.
SLIDE 26 Discretion r Acts Imm nit Discretion r Acts Imm nit Discretionary Acts Immunity Discretionary Acts Immunity
Political Safety Social Legal Legal Economic Other Public Policy Considerations
SLIDE 27 Discretion r Acts Imm nit Discretion r Acts Imm nit Discretionary Acts Immunity Discretionary Acts Immunity
Did the City have a policy addressing the
Did the City have a policy addressing the property and/or employee actions at issue in the situation? situation? Did h li i l d id i f
Did the policy include considerations of
political, social and economic issues, such as f fi i l b d d ibl safety concerns, financial burdens, and possible legal consequences?
SLIDE 28 R r ti n l U f S h l Pr p rt Imm nit R r ti n l U f S h l Pr p rt Imm nit Recreational Use of School Property Immunity Recreational Use of School Property Immunity
- Subd. 23. Recreational use of school property and facilities.
(a) Any claim for a loss or injury arising from the use of school property or a school facility made available for public recreational activity activity. (b) Nothing in this subdivision: (1) limits the liability of a school district for conduct that would ( ) y entitle a trespasser to damages against a private person; or (2) reduces any existing duty owed by the school district.
SLIDE 29 Imm nit : Thin s the Co rts Look For Imm nit : Thin s the Co rts Look For Immunity: Things the Courts Look For Immunity: Things the Courts Look For
Written Policies History of Accidents Complaints or Comments about Safety Results of Safety Inspections Results of Safety Inspections Common Usage Existing Standards
SLIDE 30 Oth r C n id r ti n Imp tin Li bilit Oth r C n id r ti n Imp tin Li bilit Other Considerations Impacting Liability Other Considerations Impacting Liability
Limiting or Shifting Liability Exposure Limiting or Shifting Liability Exposure Damage Caps and Liability Insurance
I d i Cl
Indemnity Clauses Waivers and Releases Food Consumption Volunteers Volunteers Criminal Background Checks S
C i L
Sports Concussion Law
SLIDE 31 Risk M n ement Str te ies Risk M n ement Str te ies Risk Management Strategies Risk Management Strategies
Education/Training Indemnity Clauses
Education/Training
Supervision and Effective
Communication Indemnity Clauses
Liability Insurance Warning Signs Good Planning Safety Standards Warning Signs Corrective Actions Inspections
Safety Standards
Good policy drafting Written Policies Inspections Emergency Preparation Written Policies Waivers
SLIDE 32 Hypotheticals Hypotheticals Hypotheticals Hypotheticals
HYPOTHETICAL A BASEBALL GAME INJURY HYPOTHETICAL B HYPOTHETICAL B SLIDING HILL INJURY HYPOTHETICAL C PLAYGROUND INJURY
J
HYPOTHETICAL D PUBLIC BEACH DROWNING
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Hypotheticals Hypotheticals Hypotheticals Hypotheticals HYPOTHETICAL A HYPOTHETICAL A BASEBALL GAME INJURY
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Hypotheticals Hypotheticals Hypotheticals Hypotheticals HYPOTHETICAL B SLIDING HILL INJURY SLIDING HILL INJURY
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Hypotheticals Hypotheticals Hypotheticals Hypotheticals HYPOTHETICAL C HYPOTHETICAL C PLAYGROUND INJURY
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Hypotheticals Hypotheticals Hypotheticals Hypotheticals HYPOTHETICAL D HYPOTHETICAL D PUBLIC BEACH DROWNING
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p bliche lthl center or p bliche lthl center or www.publichealthlawcenter.org www.publichealthlawcenter.org
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lmc or lmc or www.lmc.org www.lmc.org
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Questions & Answers Questions & Answers Questions & Answers Questions & Answers
