Issue link: https://read.uberflip.com/i/773235
L ast issue we ran a story that highlighted the fact that a facility with no documentation is hard to defend in a lawsuit. This month we talk about a facility that did have documenta- tion in place, and it's a good thing! This particular case involved a hockey player who was injured during a game and was seeking a large settlement with the facility's insurance company. It was amazing how a team of lawyers, doctors and experts was created to try and prove negligence by the facility. This case involved many depositions. Some were from the plaintiff 's side, some were from the defendant's side, and some were from parties not involved in the liti- gation. All of these depositions painted a picture, but there was still a dispute regarding how it happened. No two depositions described the inci- dent exactly the same. Some of it was because people were at different locations on the rink when it happened, and some of it was because each person looked in the direction of the incident at different times. Because of the questions, the case continued. A big part in defending the facility was the fact that documentation was available to show that proper care and maintenance of the ice, ice resurfacer and refrigeration equipment was being done. The other item that helped was knowing who was working and who actually made each ice cut and when. When an on-ice incident occurs, all of the ice maintenance procedures are scruti- nized by legal experts. The ice depth, refrigeration settings, ice resurfacer opera- tor, edging and flooding all get scruti- nized. This is when written documenta- tion of procedures is crucial. Going on the word of workers does not hold nearly as much credibility as a document showing how and when certain things are done and by whom. Staff training is another area that gets exposed in these situations. Just saying you trained someone holds no water. Having a record of training (or even bet- ter, showing certificates received by attending organized training classes) goes a long way toward credibility. Fortunately for this facility, the combi- nation of recordkeeping and employee training helped settle a very sticky case that was being aggressively pursued. This facility was prepared. The question is ... are you prepared? ★ insurance tales ■ Manage your risk from real-world insurance stories. A big part in defending the facility was the fact that documentation was available. 46 R INK MAGAZ INE March/april 2010 STARrinks.com Document It! ■ DO YOU HAVE A INSURANCE CLAIM STORY? This year RINK Magazine will present a series of articles that will be based on actual lawsuits and the circumstances surrounding them. The identity of individuals and facilities will not be mentioned. These situations will reveal rink-related records and details that may be discussed during a potential lawsuit, and ultimately can be used to assist in creating a good risk management procedure in your facility! If you or your facility has been involved in a lawsuit that you would like to share with our readers to help us educate and prepare other rink operators, please write to davew@starrinks.com. STAR PHOTO by STAR STAFF