race reimbursement of participant medical expenses?

If you are an attorney you wouldn't respond to the letter at all.

dogscalder wrote:

In my understanding such big and well-organized races supposed to provide and cover emergent medical assistant, as well as ambulance expenses."

Your thoughts?

I wonder why he would think this?

The person is looking to dump his med fees on the race. Races have medical staff on site (usually voluntary) to treat runners but anything that requires an ambulance, hospitalization, etc. is born by the runner who needed the treatment, not the race. Politely send a letter advising them of this and rejecting their claim. This should be covered in the medical release where the runner assumes all risks for any medical issues (to include expenses) incurred during a race.

The waiver. Bingo. That's what I was thinking. End of story.

PS: Memo to self. Make sure the people that still mail in registrations but "forget" to sign the waiver, sign it at packet pickup.

Tell that LIBTARD he can go beg BERNIE to pay his MEDICAL EXPENSES.

What makes you think he visited a number of taverns the night before?

Also, what makes you think he (and other) runners think 10ks are beneath them?

Hmmmm......

That aspect of the waiver is legally ineffective where I live. You cannot in advance contractually stipulate away your tort rights for personal injury. We also don't have assumption of the risk as a legal doctrine, so comparative fault will be applied in these situations. The waiver is somewhat of a deterrent, though, for some folks. I don't believe this guy is looking to sue. I believe he's just seeing what transpires of his friendly request. Hadn't ever heard of another race doing this sort of thing...was wondering whether any do.

beard scratcher wrote:

The waiver. Bingo. That's what I was thinking. End of story.

PS: Memo to self. Make sure the people that still mail in registrations but "forget" to sign the waiver, sign it at packet pickup.

Best practices, huh?

I think.... wrote:

If you are an attorney you wouldn't respond to the letter at all.

sdmiler wrote:

The person is looking to dump his med fees on the race. Races have medical staff on site (usually voluntary) to treat runners but anything that requires an ambulance, hospitalization, etc. is born by the runner who needed the treatment, not the race. Politely send a letter advising them of this and rejecting their claim. This should be covered in the medical release where the runner assumes all risks for any medical issues (to include expenses) incurred during a race.

Just reply by furnishing him with the participant waiver he agreed to —

"Having read this waiver and knowing these facts, and in consideration of your accepting my entry, I hereby for myself, my heirs, executors, administrators or anyone else who might claim on my behalf, waive and release any and all sponsors, their representatives and successors, from all claims or liability for death, personal injury, or property damage of any kind or nature whatsoever arising out of, or in the course of, my participating in this event whether same be caused by negligence or fault."

Why did you call an ambulance for him?

It's my understanding he was pretty dehydrated. I have zero clue what goes on with EMS at a finish line as a general matter, but I believe something was up with this guy when he started (dehydrated, new meds, etc.) and it wasn't a good day for him. No clue why the ambulance and emergency room were necessary, particularly for this guy as he sounds like he's been around the block re: endurance events (which I don't find 10k road race to be).

Black bird wrote:

Why did you call an ambulance for him?

I think there might be a valid point, but not in your circumstances. In my City, we are required to have an EMT on site with an ambulance. We hire the EMT and pay them for their time. If an EMT rendered services to a participant, the EMT should not then bill the participant in addition to what the race paid. That would be double dipping. But, if there was an emergency on the course that required calling 911 and a paramedic showed up with an ambulance to take the participant to the hospital, those services would not be covered by what the race paid the EMT. The participant would be responsible for those services.

The waiver is relevant to the extent the participant claimed that she had a contractual right to have emergency services paid by the race.

Of course, this could all be very different in your jurisdiction. Do get legal advice on the internet. Consult attorney in your jurisdiction.

But I would take a look at what your municipality requires of races in terms of providing EMS.

I was with you right up until this moment.

I'm not experienced with this kind of thing, but is there any reason the OP can't just direct the guy to the event's insurance company and let the two parties sort things out between themselves?

dogscalder wrote:

Got this request from a participant in a 10k.

"I woke up at the ambulance and they told me that I passed out in 100 yards before finish line. I got to ER, spend a day there and by the end of the day I felt much better. Today I received bill from ambulance for their service.I wasn't able to find any information on your web-site about medical support in general and ambulance in particular. In my understanding such big and well-organized races supposed to provide and cover emergent medical assistant, as well as ambulance expenses."

In my little city, we have big races and after x amount of runners, we have to have EMTs and an ambulance. If I were to slip and fall and crack my head open, they'd treat me and take me to the nearest hospital but not for free (same applies for a city ambulance - if I slipped/fell along the lakefront path and needed an ambulance, they'd bill me/deal with insurance to get paid.)

I'm not a lawyer, but I'd ignore this until he lawyers up. He signed a waiver and if he passed out before the finish line, the EMTs did what race directors pay them for (first response.) Once you're loaded into the ambulance, that's on the runner. Race liability and race insurance doesn't cover this.

I'm not sure what the outcome should be legally. However, I do know one thing for sure. I would never hire the OP as an attorney.

let them hash it out wrote:

I'm not experienced with this kind of thing, but is there any reason the OP can't just direct the guy to the event's insurance company and let the two parties sort things out between themselves?

Thats not what it covers, afaik. It covers liability (for negligence, accidental injury maybe, that kind of thing) not personal medical issues of participants. If it happened to have been usatf sanctioned *AND* the guy was a usatf member, he might have some coverage, see the usatf member benefits section.

My guess is that the race has no liability here.