RMs Should Balance Concern and Law

By Caroline McDonald

NU Online News Service, July 25, 11:56 a.m.EST?Risk managers setting up programs to counter theperils in parks, playgrounds and recreation areas should sometimesfollow their conscience and ignore cold-hearted legal advice, anexpert advised at an industry forum yesterday.

Doug Wyseman, risk management coordinator for St. Paul, Canada,in a telephone seminar yesterday for the Public Risk ManagementAssociation in Arlington, Va., advised that while liability risksand financial risks are "the main reason most of are here," thechief area of concern is injuries to children.

"Fortunately," he said, "We can eliminate the financial burden"and injuries to children simultaneously.

Mr. Wyseman recommended that risk managers of park andrecreation departments in some instances avoid strictly adhering tolegal advice. An example he cited is the issue of whether to postsigns on trails notifying bike riders of a steep drop-offahead.

Risk managers who want to post signs, he said, are oftendiscouraged by city attorneys citing immunity in some states fromany losses that may happen on natural lands. The legal advice isnot to post a sign because once it is posted immunity is lost, hesaid.

"So what your legal department is saying is that it is farbetter to let the child go around the curve, not knowing there is acliff ahead," he said. "And as he's going over the cliff, somebodyin an office downtown can be saying 'thank God we didn't put up asign because we have immunity from any claim that comes out ofthis.'"

People, he said, need to remember the big picture and proceed inthat direction.

Every year in North America, he said, more than 6,000 people arekilled in recreational pursuits and 200,000 receive hospitaltreatment from playground injuries.

He continued that 57 percent of losses are avoidable?31 percentare from poor maintenance, 12 percent result from equipment design,and 9 percent from equipment installation. Of municipal losses10-15 percent come out of park and recreation departments, henoted.

Another point he made is that lawsuits are often filed out ofanger. A little kindness and understanding, he said, can go a longway towards avoiding lawsuits.

An example he gave was a woman who tripped on a crack in asidewalk as she was leaving a municipal building and fell, breakingher glasses.

But when she went back inside and told an employee that thesidewalks were bad and she should be compensated for her brokenglasses, the employee wasn't concerned.

"She was told to "watch where she walks and go home'," Mr.Wyseman said. Instead the woman went to a lawyer. Two years later,he said, her picture was on the front page of a local paper. Shewas holding a new pair of glasses and a check for $150,000. "Shesaid that all she ever wanted was for the city to fix the sidewalkand replace her glasses," he said.

One of the toughest jobs parks departments have is "dealing withthe risk management department whose job it is to protect theorganization," Mr. Wyseman said. In the eyes of the park andrecreation departments, however, "the way they protect theorganization is by saying 'you can't do that.'"

Mr. Wyseman recommended finding a balance between allowingacceptable risks and eliminating unacceptable risks.

Risk managers should ask, "What is the worst thing that couldhappen in your department and what is in place to stop it?" Mr.Wyseman said. Risk managers should find out how many losses theyhave, and why.