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J. Peterson - Risk Management for Park Recreation and Leisure Services

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Risk Management for Park, Recreation, and Leisure Services
Third Edition
James A. Peterson
Bruce B. Hronek
Sagamore Publishing Champaign, IL
1997 Sagamore Publishing, Inc.
All rights reserved.
Production Coordinator: Lisa J. Peretz
Cover design: Julie L. Denzer
Graphics: Jim Hull
Editor: Susan M. McKinney
Library of Congress Catalog Card Number: 92-60844
ISBN: 0-915611-57-0
Printed in the United States of America
We dedicate this book to our wives,
Janice G. Peterson and Sylvia S. Hronek,
who expend great effort to keep us from "harm's way"
and encourage us in all our endeavors.
Page iv
Acknowledgments
The authors are indebted to the following institutions, agencies, and departments who so graciously furnished material for the appendices: Suburban Hennepin Park District, Plymouth, MN; Bloomington Department of Parks and Recreation, Bloomington, IN; City of Kettering Parks and Recreation Department, Kettering, OH; Department of Park Recreation and Properties, Cleveland, OH; City of Woodstock, Recreation Division, Woodstock, IL; Johnson County Park and Recreation District, Shawnee, Mission, KS; Jackson County Parks and Recreation, Blue Springs, MO; Department of Parks, Recreation and Public Lands, Billings, MT; Urbana Park District, Urbana, IL; Department of Parks and Recreation, Redmond, WA; Bensenville Park District, Bensenville, IL; Department of Parks and Recreation, Topeka, KS; Parks and Recreation Department, Sun Prairie, WI; Department of Parks and Recreation, Worthington, OH; Parks and Recreation Services Division, Eugene, OR; Park and Recreation Department, Cuyahoga Falls, OH; Parks and Recreation Board, Maple Grove, MN; Champaign Park District, Champaign, IL; Buffalo Grove Park District, Buffalo Grove, IL; Niles Park District, Niles, IL; Miracle Recreation Equipment Co., Grinnell, IA; American Red Cross; Indiana Special Olympics; Osseo Area Schools, Osseo, WI; Parks and Recreation Department, Grand Rapids, MI; Department of Parks, Recreation and Marine, City of Long Beach, CA; Cleveland Metroparks, Cleveland, OH; Iowa City Parks and Recreation Department, Iowa City, IA; Department of Parks, Recreation and Conservation, Orange County, NY; Illinois Park District Risk Management Agency; Anaheim Parks, Recreation and Community Service Department, Anaheim, CA.
In addition we acknowledge the cooperation of the Department of Recreation and Park Administration at Indiana University, Bloomington, Indiana, without whose support and encouragement the writing of the document would have been most difficult.
Page v
Preface
This book is intended to be a primer in tort liability and negligence for persons working or studying in the park, recreation, and leisure services field. It is aimed at paid professionals, volunteer leaders, university students, and members of citizen boards or commissions. The basic principles of law expressed in this book apply to local, state, and federal agencies as well as private providers of recreation. There may be a few local exceptions; therefore, the reader is cautioned to inquire as to specific variances in tort law that may exist locally. Consultation with an organization's legal counsel, such as the city attorney offices, county attorneys offices, state attorney general offices, solicitors, and offices of general counsel is important in protecting you and your organization's interests.
The purpose of this book is to develop an awareness of legal liability among leisure service providers and to aggressively take the lead in managing risk within their organizations. In addition, risk management provides a method for offering quality leisure experiences with maximum protection for participants and adequate safeguards under the law for leaders, administrators, and organizations offering the recreation services. It is important to note that a good public safety program is good public policy.
The trend toward increased litigation and the willingness to sue over rather trivial matters makes this book particularly applicable to the recreation and leisure service practitioner.
You are encouraged to adapt any of the information in this book to meet the specific needs of your department or agency. Each legal jurisdiction applies negligence laws in a slightly different manner. Therefore, it is important that you check with legal counsel before proceeding with legal issues and processes. While some forms and checklists may be suitable in their present form for your jurisdiction, some forms and specifications may be inappropriate or inaccurate for your organization. This book is intended as an aid for handling risk. It is not intended to be a substitute for legal counsel, actuarial assistance, or other professional services.
The text is kept intentionally brief, simple, and as free of "legalese" as possible so that all readers may gain a healthy respect and appreciation for tort liability. Where cited, cases will be as current as possible, using cases that have been tried in the appellate courts. It is not the intent of the authors to use sensational cases that are the exception to general court rulings.
With the abundance of material available on the subject of tort liability, the writers approach the subject with some trepidation. The authors know that there are legal exceptions to almost everything stated in this text, but confident that what is said herein is accurate as far as our legal research can determine, and is applicable to the daily activities of the men and women working in the recreation and leisure service field.
As an administrator, supervisor, employee, board member, or volunteer, you may simply want to know "What happens if I am sued?" or "What if I am in a supervisory position and someone assigned to me acts improperly...can I be held personally liable?" Our task, as we see it, is not to give legal advice or answers to specific questions. What this book will do is help you identify certain risks and assess the potential severity and frequency of the risk. By understanding the risk management process, you will be able to deal effectively with the "What if?" questions.
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