Liability Management For Spare Z Businesses Training Module

Liability Management For Spare. Z® Businesses Training Module 1 Liability & Guest Incidents

Liability Management in Bowling Ø Ø Ø Claims and lawsuits = inevitable Bowling industry = vulnerable to personal injury lawsuits The only true defense = preparedness Insurance companies and Spare. Z® = working together Be an active part!

Guest Incidents with Injuries Nationwide: 50 % Approaches 50 % Scattered around the bowling center, bar, restrooms, concourse area, parking lot, etc. Source: Liability Management for Bowling Centers, Remo Picchietti

Liability Lawsuits – Past 10 Years Average indemnity payout per lawsuit: Range for defense cost per lawsuit: $12, 000 $10, 000 -$50, 000 The average bowling center has 5 lawsuits over 10 years. Average payout per year: $31, 000 Source: QBE North Pointe Insurance Group (listed figures are approximations)

The Threat of Legal Action Florida Statutes o o Adult: right to file suit for up to 4 years after occurrence Minor: parents’/legal guardian’s right to file suit until minor reaches age 18, or up to 4 years after occurrence

The Threat of Legal Action BEING PRO-ACTIVE Maintenance procedures are established; staff is trained. o o Consequence: Strong defense in lawsuits Better resolution for cases Bowling industry impact Insurance premiums are kept at reasonable levels BEING RE-ACTIVE No training in incident prevention exists. o o o Consequence: Weak/no defense in lawsuits Higher indemnity payouts Higher insurance premiums for center and bowling industry

Categories of Liability Management Ø Limiting Incidents Ø Responding to Incidents: What to do when an incident occurs

Be Pro-Active: Limit Incidents Ø Ø Ø Ø Ø Teach and engage all staff members in liability management. Follow safety and maintenance procedures at all times. Be alert and pay attention to detail. Keep all areas clean and free of debris. Perform approach inspections at least two times per day. Use the checklists. Display safety instructions (examples: monitors, labels). Make announcements for the guests. Go lane-to-lane: Point out safety rules to the guests. Be an active part of liability management.

Responding to Incidents What TO DO Ø Ø Ø Ø Assess the situation; call EMS if required; offer ice. Stay calm and professional. Don’t panic! Complete Incident Report, asking the injured person politely. Take witnesses’ information. Obtain statements of staff members involved. Collect and retain physical evidence. If rental shoes were used, remove and seal them in labeled bag as evidence; place in assigned storage area. Be courteous, pleasant, cautious. A harsh response or indifferent attitude could actually cause a lawsuit. Information is key. The more information that is at hand, the better an attorney can defend a lawsuit and possibly save the industry millions in awards and escalating insurance premiums.

Responding to Incidents What NOT to DO Ø Ø Ø Ø Do not give a copy of the Incident Report to the guest. Do not talk about the law with an injured guest. Do not degrade the alleged injured party. Do not volunteer information. Do not admit to anything. Do not provide information or opinions on the incident, unless instructed specifically by our insurance representative or attorney. Do not delay forwarding of the Incident Report to the GM. We are required to report incidents to the insurance company within three business days after the incident occurred. The Incident Report is the document used for that purpose. It is a legally binding document.

Responding to Incidents What NOT to SAY Ø Ø Ø Ø Ø “I knew something like this would happen!” “This always happens when it rains! “This happens all the time, don’t worry!” “We should have cleaned the approaches today!” “Somebody must have spilled something!” “Somebody must have stepped in something!” “We just oiled the lanes!” “This isn’t unusual!” “We’ve had trouble here before!” “Oh no – not another one!” Comments like these can cause a lawsuit as the guest perceives them as the bowling center admitting to liability.

After the Incident Ø Ø Ø Forward the Incident Report immediately to the GM. Confirm with the GM that the Incident Report was received. Mention the incident in the Shift Report. The GM forwards the Incident Report to Spare. Z, Inc. Any calls or correspondence which may be related to the incident should be handled by the GM or Spare. Z, Inc. only. Cooperate with claim adjusters and assigned attorneys.

Incidents Possible Outcomes No contact in 6 months – inactive (closed per FL statutes) Contact was made – claim (denied or payout offered) No Agreement from claim – lawsuit (settlement, trial)

Managing Liability BE PROACTIVE!

Managing Liability Thank You! End of Training Module 1