Issue link: http://read.uberflip.com/i/326847
32 / MAY.JUNE.2014 RINKMAGAZINE.COM T he unthinkable happened: Your rink has been sued. While each lawsuit and jurisdiction are different and the specific rules of your jurisdiction should be discussed with the attorney representing the rink, here's what you can expect. DON'T IGNORE THE SUMMONS In order to initiate the lawsuit, the plaintiff will serve the rink with a summons and complaint. The summons alerts you to the fact that you have been sued and the complaint contains the allegations against the rink and any other parties named. Do not ignore these papers. There are strict deadlines to respond to the allegations in the complaint and you must meet those deadlines or a default may be taken against the rink, which may preclude the rink from defending it later in the case. If the rink is served with a summons and complaint, you should immediately forward them to the rink's insurance agent/company. If the rink has a business attorney, send a copy to that attorney and they can also assist you with the next step in the process. INSURANCE COVERAGE Ideally, the rink will have insurance to cover the claims made. This will provide a defense. When you submit the summons and complaint to the insurance company, it will review the information available and make a determination as to whether it believes the claims fall within the coverage provisions of the rink's policy or policies. Depending on the claims being made and the coverages contained within those policies, there may or may not be coverage. If there is, the insurance company will notify you that it has agreed to defend the rink and will most likely assign defense counsel. The insurance company may also advise you that it is "reserving its rights" with regard to the coverages in the policy. Generally speaking, this occurs when not all the facts of the claim are available to the insurance company and it is not entirely positive as to whether or not the claims fall within the coverages afforded by the policy. RESPONDING TO THE COMPLAINT Assuming either the insurance company appoints defense counsel or the rink hires its own private counsel, the first step in the process is to respond to the allegations in the complaint. Oftentimes, this will mean that counsel will file an answer to the complaint. An answer is generally a denial of the allegations in the complaint along with some specific legal defenses that may apply. Alternatively, your counsel may determine it to be appropriate to file a pleading (demurrer or a motion to strike) on the basis that the complaint is defective with regard to the allegations against you. DISCOVERY Once the rink has appeared in the case by responding to the complaint, discovery will begin. Discovery is a process of gathering information by all the parties in the case. This may include written questions as well as depositions, site inspections and other fact-gathering processes. Depending on the number of parties in the case and the complexity of the case, discovery can last anywhere from a few months to over a year. The discovery process takes up the longest amount of time in the lifespan of a lawsuit. You, as the rink operator or rink manager, will be actively involved in the discovery process. Provide your counsel with the facts relating to the rink's involvement in the lawsuit, documents and any other materials counsel might need. If the rink is being defended by its insurance company, it has an obligation under its insurance policy to cooperate and provide all necessary information. Failure to cooperate can jeopardize coverage and provide a basis for the insurance company to withdraw. You will likely have your deposition taken in the case. A deposition is a question-and-answer session held in a conference room before a court reporter. Generally, an attorney for another party will ask you questions under oath. The rink's attorney will be with you to defend you and make appropriate objections. This is a primary tool for parties to uncover facts relating to the lawsuit, as well as to evaluate you as a witness in terms of credibility, believability and truthfulness. Counsel will prepare you. SETTLEMENT During the course of the case after much of the facts have been exchanged and uncovered, parties will usually attempt to reach a resolution of the matter. This can be done in several methods, including a mandatory settlement conference at the court or a mediation before an impartial mediator. The purpose of the mediation is to try to reach a resolution of the claims by agreement. The mediator's role is not to determine who is right or wrong, or who BIGSTOCK.COM by PAUL W. SMIGLIANI The Beginner's Guide to Being Sued Risk management Protecting the rink and its patrons