Why Risk Management

1
Why Risk Management?

• Parks Padlocked! Destinations Closed!
• Rising vandalism costs
• High crime rates
• Increases in Insurance costs
• People love to sue other people!
• U.S. District Courts
• 1980 112,734 civil 24,000 criminal cases
• 1996 269,132 civil 47,889 criminal!
• L.A. PR dept averages 200 per month!

2
What the heck is a tort?

• a wrongful, non-criminal act that results in
  damage or injury to someone or something
• As a result, the courts will determine who will
  pay, how much it will cost
• Tort (civil wrong) vs. a Crime
• Criminal beyond a reasonable doubt
• Civil preponderance of evidence

3
Possible Damages tort

• General or Compensatory
• Pain, suffering, injury, humiliation, etc.
• Special Damages (financial losses)
• Medical, hospital and lost earnings
• Punitive or Exemplary Damages
• If malice or vicious to punish wrongdoer
• Nominal Damages
• Injury is slight, to recognize wrongdoer

4
Tort Law Categories

• Negligence
• Premises, program or facility supervision, etc.
• Strict Liability
• Food service, drinking water quality, etc.
• Nuisance
• User injuries, land use, etc.
• Intentional Torts
• Personal Battery (touching) or assault
  (threats)
• Property trespassing, etc.
• Constitutional Torts
• Invasion of privacy, civil rights, etc.

5
Elements of Tort Actions

• A breach of a legal duty that requires a person
  to conform to a certain standard to prevent
  injury or damages.
• Some causal or direct connection between the
  legal duty resulting injury.
• Actual loss or damage to the person or property
  of another.

6
Torts (cont.)

• Federal Tort Claims Act (1964)
• King can do no wrong nixed
• U.S. is liable for wrongful acts of fedl
  employees
• Recreation Land Use Statutes
• Limits liability to land owners
• Non-paying users must prove gross-negligence
• Intentional failure to perform a duty, disregard
  conseq.
• Willful and Wanton Negligence worse!

7
Who is liable?

• Employees, volts boards NO!
• Supervisors and Administrators?
• If they knowingly directed or condoned the
  negligent act of an employee
• If hire incompetently, failure to fire,
  inadequate documentation (firing), unclear
  enforcement of rules, etc.
• If they violate ones constitutional rights

8
Elements of Negligence

• It must be proved that defendant is legally
  responsible to the plaintiff
• Plaintiff must prove there was a failure to
  perform a required task
• Nonfeasance, misfeasance or malfeasance
• Must be some connections between damages and
  actions/lack of actions
• proximate cause
• Plaintiff must prove they have damages