Facility Forum - Fall 2016 - 13

ACCORDING TO THE MUNICIPALITY'S GUIDELINES THAT HAD BEEN INSTITUTED ABOUT 15 YEARS BEFORE, THIS DIAMOND WAS NOT THE SIZE INTENDED FOR MEN'S LEAGUE PLAY. homerun ball was not considered an unusual danger. In our situation there was a contract between the municipality and the league. It contained a clause in it that the municipality would not accept responsibility or liability for injuries or damage and the permit holder would waive any claims against them. The applicant of the permit (the league) would also indemnify and hold harmless the municipality in connection to the agreement or the use of the facilities. The league did maintain liability insurance and they named the municipality as an additional insured on their policy. In his final assessment of the matter, our defence counsel found that the municipality was aware that the existing 794964_Athletica.indd 1 nets were blocking balls from hitting cars in the parking lot and so they were aware of this issue. Therefore, it was also foreseeable that by not installing a net in left field they had liability exposure. However, the league was also exposed to liability because they should have been aware of the situation. Outcome of the Claim Both the municipality and the league recognized that they had liability exposure so they both contributed to a settlement to resolve this matter and avoid a trial. Risk Management Considerations * The location of the baseball diamond needs to be well thought out. 796887_IBStorey.indd 1 2/20/16 2:00 PM * Don't locate the baseball diamond too close to a parking area, sidewalk, or roadway, because errant balls could strike cars or pedestrians. * Consider putting up protective netting or fencing for areas vulnerable to errant balls. * If you rent the playing fields out to baseball leagues, make sure you have a written rental agreement in place. * Depending on the amount of use by the associations or leagues, they may be required to take part in some of the maintenance of the fields. * Inspection and maintenance are crucial in safeguarding a municipality against negligence claims. ■ Len Bennett is a Risk Analyst specializing in claims prevention and mitigation. Len has a B.A. in Economics from McMaster University. He also obtained his Fellow Chartered Insurance Professional (FCIP) designation from the Insurance Institute of Canada as well as his Canadian Risk Management (CRM) designation with the Global Risk Management Institute. | 13 FACILITY FORUM  2/19/16 7:38 PM http://www.athletica.com http://www.ibstorey.ca

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
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