Facility Forum - Fall 2016 - 10

By Len Bennett BA, FCIP, CRM | Risk Analyst | Frank Cowan Company Background On a clear spring morning, a woman was walking her dog in a municipal park. She walked along a paved pathway that took her behind the outfield of a baseball park while a men's league game was taking place. While she was passing by the left field, a home-run baseball was hit over the 1.8 metre high fence. The ball travelled an extra 20 metres over this fence and struck her in the head. She could not be seen by the batter because the path was lower than the field but the incident was witnessed by one of the outfielders. The woman did not lose consciousness but required many stitches to close her head wound and sustained a concussion. The walkway was open to the public and was owned and maintained by the municipality. The baseball league had the proper permits in place and had a liability policy which named the municipality as an additional insured. There was protective netting found behind the fence that covered most of centre field and right field but left field did not have any protective netting. The existing netting was there to protect cars in a parking lot adjacent to the right field. The injured person later provided a statement to the investigator. She stated that she saw there was a baseball game going on when she was walking her dog. Her dog stopped to sniff the ground and she had her back to the ball diamond when she was hit. She also said that another ball had been hit over the same fence, past where she was hit, and into a backyard of a house later that day. A civil lawsuit was launched against the municipality as well as the baseball league. Civil Court Action In the Statement of Claim that was served on the municipality and the baseball league ("the league"), the injured person (plaintiff) alleged that the municipality was the owner and occupier of this property, including the paths and baseball diamonds. The municipality was also allegedly responsible for the design, construction, maintenance and signage at this location. The plaintiff also stated that the league was an owner and 10 | ONTARIO RECREATION FACILITIES ASSOCIATION occupier of the premises with the same responsibilities as the municipality. The plaintiff also noted her injuries were caused by the defendants' negligence, breach of duty and/or breach of the Occupiers Liability Act. R.S.O. 1990. The other allegations included the defendants' failure to keep the premises reasonably safe, failed to install the net around the diamond near this incident and failed to warn the plaintiff of the danger of walking along this path. The plaintiff's damages sought included a head injury, psychological and emotional trauma and chronic pain. She sought damages over $1,000,000. Issues 1. Were the premises kept reasonably safe? 2. Was the municipality liable for the plaintiff's damages? Analysis of the Case Our defence counsel determined that the field where the game was being played was smaller than what was the standard for men's league baseball diamonds.

Table of Contents for the Digital Edition of Facility Forum - Fall 2016

Industry Watch
Home Run Baseball Hits a Pedestrian
All Granites are Not the Same
Technically Speaking
Risk Management – City Found Not Liable in Skating Injury
Winterizing Pools
Member Profile – Ross Rankin, RA Centre, Ottawa
Use of Medical Marijuana at Work Poses Challenges for Employers
Health & Safety (PSHSA) – Radon - Bill 11 Updates
ORFA’s Original Energy Consultant Writes Memoirs
The Difference between Residential and Commercial Gas Detectors
Energy Champion – Beyond Measurement
Index of Advertisers
Facility Forum - Fall 2016 - ebelly1
Facility Forum - Fall 2016 - ebelly2
Facility Forum - Fall 2016 - cover1
Facility Forum - Fall 2016 - cover2
Facility Forum - Fall 2016 - 3
Facility Forum - Fall 2016 - 4
Facility Forum - Fall 2016 - 5
Facility Forum - Fall 2016 - 6
Facility Forum - Fall 2016 - 7
Facility Forum - Fall 2016 - 8
Facility Forum - Fall 2016 - Industry Watch
Facility Forum - Fall 2016 - Home Run Baseball Hits a Pedestrian
Facility Forum - Fall 2016 - 11
Facility Forum - Fall 2016 - 12
Facility Forum - Fall 2016 - 13
Facility Forum - Fall 2016 - All Granites are Not the Same
Facility Forum - Fall 2016 - 15
Facility Forum - Fall 2016 - 16
Facility Forum - Fall 2016 - 17
Facility Forum - Fall 2016 - 18
Facility Forum - Fall 2016 - 19
Facility Forum - Fall 2016 - 20
Facility Forum - Fall 2016 - Technically Speaking
Facility Forum - Fall 2016 - Risk Management – City Found Not Liable in Skating Injury
Facility Forum - Fall 2016 - 23
Facility Forum - Fall 2016 - Winterizing Pools
Facility Forum - Fall 2016 - 25
Facility Forum - Fall 2016 - 26
Facility Forum - Fall 2016 - 27
Facility Forum - Fall 2016 - 28
Facility Forum - Fall 2016 - Member Profile – Ross Rankin, RA Centre, Ottawa
Facility Forum - Fall 2016 - 30
Facility Forum - Fall 2016 - 31
Facility Forum - Fall 2016 - 32
Facility Forum - Fall 2016 - Use of Medical Marijuana at Work Poses Challenges for Employers
Facility Forum - Fall 2016 - Health & Safety (PSHSA) – Radon - Bill 11 Updates
Facility Forum - Fall 2016 - 35
Facility Forum - Fall 2016 - 36
Facility Forum - Fall 2016 - ORFA’s Original Energy Consultant Writes Memoirs
Facility Forum - Fall 2016 - 38
Facility Forum - Fall 2016 - 39
Facility Forum - Fall 2016 - 40
Facility Forum - Fall 2016 - The Difference between Residential and Commercial Gas Detectors
Facility Forum - Fall 2016 - 42
Facility Forum - Fall 2016 - 43
Facility Forum - Fall 2016 - Energy Champion – Beyond Measurement
Facility Forum - Fall 2016 - 45
Facility Forum - Fall 2016 - Index of Advertisers
Facility Forum - Fall 2016 - cover3
Facility Forum - Fall 2016 - cover4
Facility Forum - Fall 2016 - outsert1
Facility Forum - Fall 2016 - outsert2
Facility Forum - Fall 2016 - outsert3
Facility Forum - Fall 2016 - outsert4
https://www.nxtbook.com/naylor/ORFQ/ORFQ0118
https://www.nxtbook.com/naylor/ORFQ/ORFQ0417
https://www.nxtbook.com/naylor/ORFQ/ORFQ0317
https://www.nxtbook.com/naylor/ORFQ/ORFQ0217
https://www.nxtbook.com/naylor/ORFQ/ORFQ0117
https://www.nxtbook.com/naylor/ORFQ/ORFQ0416
https://www.nxtbook.com/naylor/ORFQ/ORFQ0316
https://www.nxtbook.com/naylor/ORFQ/ORFQ0216
https://www.nxtbook.com/naylor/ORFQ/ORFQ0116
https://www.nxtbook.com/naylor/ORFQ/ORFB0215
https://www.nxtbook.com/naylor/ORFQ/ORFB0115
https://www.nxtbookmedia.com