I am interested in joining a running club. I notice that many of them put on races. What personal liability does a club member have if someone gets injured or dies in one of those races?
I know there are waiver forms, but do they hold up in court?
I am interested in joining a running club. I notice that many of them put on races. What personal liability does a club member have if someone gets injured or dies in one of those races?
I know there are waiver forms, but do they hold up in court?
do people really take such things to court??
You know there are people who answer questions like this for a living, right?
wonderwonder wrote:
I am interested in joining a running club. I notice that many of them put on races. What personal liability does a club member have if someone gets injured or dies in one of those races?
I know there are waiver forms, but do they hold up in court?
No one will let you put on a race without event insurance. USATF offers this insurance or you can get it other places. A member of a club would not normally have any liability in a situation like that.
Cities, counties, etc usually grant a permit for races to be held. One of the stipulations is having liability insurance. If your club belongs to USATF and you are an USATF member, I beleive you are insured during scheduled training runs and races. The waivers that you sign as a runner can be picked apart in court. I was an assistant race director for a large 10k and warned the race committee that we needed to add a couple more aide stations due to increased heat and humidity. They felt we didn't need it and the result was about 10 people being carted off in ambulances. One high school runner suffered heat stroke and didn't run a step the rest of her high school career. Her parents sued and received compensation.
You are unlikely to have personal liability as a member of a running club. If you are an officer in the club or a race director, etc. then you could be exposed to some liability. In addition to the event liability insurance above you should make sure any running club (really just about any voluntary organization you agree to be on the board of) has officers and directors insurance.
runasfastasucanforaslongasucan wrote: If your club belongs to USATF and you are an USATF member, I beleive you are insured during scheduled training runs and races.
Scheduled practices, yes, if you jump through the right hoops. Events, no, you have to pay extra for event insurance. But it's very affordable.
Most, if not all, races will have you sign a disclaimer when you register. Something like:
"I know that running and volunteering to work in club races are potentially hazardous activities. I should not enter and run in club activities unless I am medically able and properly trained. I agree to abide by any decision of
a race official relative to my ability to safely complete or assist in the event. I assume all risks associated with running and volunteering to work in club races including, but not limited to, falls, contact with other participants,
the effects of the weather, including high heat, humidity, extreme cold, the conditions of the road and traffic on the course, all such risks being known and appreciated by me. Having read this waiver and knowing these facts,
and in consideration of your acceptance of my application for participation, I for myself and anyone entitled to act on my behalf, hereby waive and release the Road Runners Club of America, the Bedrock Road Runners,
Rubble Restaurants, the Dino Interstate Park Commission, Town of Bedrock, County of Rockhead, Fred and Wilma Flinstone, Rockhead Sheriffs Department, New Stone State Police, Bam-Bam Systems and all sponsors, their representatives and successors from all claims or liabilities of any kind arising out of my participation in these club activities even though that liability may arise out of negligence or carelessness on the part of the persons named in this waiver.
wonderwonder wrote:
I am interested in joining a running club. I notice that many of them put on races. What personal liability does a club member have if someone gets injured or dies in one of those races?
I know there are waiver forms, but do they hold up in court?
A member of a running club won't be held personally liable just because he is a member of the club. The shareholders of a corporation aren't liable for the bad acts of the corporation, unless they participated in the bad acts.
You expose yourself to liability when you do something or fail to do something that causes someone to get hurt. So, for instance, a road guard who lets a car through an intersection without looking for runners is potentially liable for the injuries suffered by a runner who is hit by the car. Also, the road guard captain may be liable if he failed to give proper instructions to the road guard.
The waiver signed by a runner before a race may or may not protect the race workers from legal claims. Most, but not all, states will enforce the waiver, particularly in situations where the runner's injury is caused by the conditions, i.e., the weather or the running surface. But the waiver may not be effective in the road guard example above, where the worker did something negligent that caused injury to a runner.
Insurance is a must. The general liability insurance provided to members of RRCA or USATF covers races/activities conducted by the Club, but may not cover events where the Club does not have full control, e.g., where the Club is hired to manage the finish line and results of a race. If the Club is not in charge of an event, it should insist that the event organizer provide proof that the Club and its members and workers are insured under the oganizer's liability policy.
You run at your own risk. Yes there are waivers just in case but if you get injured or have a heart attack it's your problem. Now if a driver of a car runs you over you could sue the driver if you can prove he was at fault but other than that I think you'll have to suffer the consequences of your own actions. Unless you can prove negligence on someones part. Even the waiver wont hold up if the RD shoots you in the face.