One of the most unpleasant surprises a club owner receives during the course of their career is the day they receive a certified letter from an attorney putting them on notice that they are being sued by a member. In many cases, this letter arrives nearly two years after an incident occurs and often the club owner has no recollection of the event or incident that he or she is being sued over.
As a health club owner or manager, there two certainties that will occur during your tenure as fitness center owner. The first is that you will have members who injure themselves while working out at your club. The second is that we live in a society where a certain group of people known as plaintiff attorneys will try to figure out a way to represent your injured member and hold you responsible for their client’s injuries. Even when an injury involves no negligence on the part of the club, you may still find yourself engaged in a legal battle that can take years and cost an incredible amount of time and money to defend.
The key to limiting your potential liability and reducing the value of your claim lies in your incident reporting procedures. Gathering accurate and detailed information as soon as an incident takes place, can prove to be significant and can ultimately help you and your insurance company properly defend your position in court. As an example, a member can slip and fall in your locker room or hurt themselves in your group exercise class and tell you that there are fine. Then several months or even years pass and you receive an attorney letter in the mail demanding compensation involving this very member who told you that they were not injured. If you did not document the incident and the statements that the member may have given you at the time of the injury, it may be impossible to remember exactly what happened. It is also likely that the employee or witnesses to the incident are no longer at your club.
Below is a step by step process to help you with the incident report filing process.
- Take immediate steps to make sure that the injured party is O.K. Provide medical attention as needed. If the injury is serious, call 911 immediately.
- Document Everything: The owner or acting manager should complete a club incident report the day that the accident occurs. Regardless of how minor the incident or accident appears at the time, you still need to complete an incident report.
- Any Witnesses? Make certain that you ask any witnesses (other members or staff) to also complete an incident or witness report form. You will find that your members will be very cooperative in this process. They know how litigious our society has become and there is nothing more powerful than a third party documenting an event.
- It is not necessary for the injured party to fill out an incident report. However, if the injured member insists on completing a report, by all means, let them write out a statement and include their report with yours. Be sure to document any statements that the member makes concerning how the incident occurred and how they are feeling. People are much more likely to tell the truth and make statements such as “it’s my fault, I wasn’t paying attention” at the time the incident occurred and before they are “coached” by an attorney.
- Fax or email the Club Incident Report and Witness Reports as soon as possible along with a copy of the injured person’s membership agreement and/or signed waiver to your insurance agent. A “stand alone” waiver provides the best possible defense. If you currently do not have a separate waiver, you may want to consider implementing this procedure for all new members going forward.
- It is often beneficial to write a separate letter detailing the events or any other information that may be of interest concerning this claim. For example, if the injured person is well known or a long time member of the club and has indicated that they are “O.K.”, let your insurance company know that you do not expect any problems. Conversely, if you feel that the incident could turn into a “problem”, the claims adjuster would like to know your opinion as to the disposition or attitude of the injured party.
- Be sure to follow up with the injured person as soon as possible to see how they are doing. Common courtesy can go a long way toward protecting your relationship with the injured party and help retain them as a long-term member.
- Again, for your protection, document all conversations with the injured party and put your notes in their file.
- Acts of kindness toward an injured member does not constitute admission of negligence. If you decide to extend a free two-month membership at the end of their agreement, send flowers, or offer a free personal training session, by all means do so. Remember the Golden Rule. Treat others as you wish to be treated.
By establishing accurate incident reporting procedures, you are now prepared to take on the plaintiff attorney when the incident turns into a lawsuit. If you would like to receive a free copy of our recommended incident reporting procedures, club incident report and witness report, please contact Jennifer Dangar at 866-671-0524 or email her at jldangar@clubinsurance.com.
