1.Do you feel an entity or individual demonstrated negligence in the facts presented in either the Popke or Steinbach article? Justify your answer by using the definition and the requirements of negligence as presented in class.
“Negligence is an unintentional tort that injures an individual in person, property or reputation” (Tlep notes). In Paul Steinbach’s article he explains the numerous injuries and fatalities that occur each year in track in field events around the country. According to Steinbach “The staging of field events, with their emphasis on the hurling of heavy implements and human bodies, poses risk management challenges unlike those in any other sport”(Steinbach 39). After reading the article one can see that many of these injure and fatalities are obviously unintentional but perhaps they could have been prevented? One of the greater track and field injures that have been accounted for throughout the nation is pole vaulting. Steinbach states that, “the deaths of three vaulters within a two-month span that year led to the adoption in 2003 of sweeping rules changes at the high school and collegiate levels regarding the sizing of the landing systems and the padding of all the hard perimeter surfaces” (Steinbach40).
I believe that an entity or individual demonstrated negligence in the facts stated from Steinbach’s article. I find it amazing that with all of the injuries and fatalities it wasn’t until an individual died or was injured on the pole vault event that change started being made. As stated before, the sizing of the landing systems and the padding of all the hard perimeter surfaces were all changes that were made in 2003 for pole vaulting events. Had there been risk management steps taken into action before these events, injures could have been prevented.
2. What role do you think the facility itself plays in this case and how can risk management and the prevention of negligence be included in the facility or area design process? Include at least two examples from the text to support your answers. (Chapters 2 or 7).
According to page 97 in our class book, “Signs are an essential part of a facility and should be an integral part of the planning process in a new facility.” The placement, size, shape, color, and graphics are all key elements when designing an efficient sign. In the article one can notice that these are aspects of risk management that are missing. When hosting any kind of event, signs directing people to safe viewing locations are one way to reduce risk. There should also be signs to warn spectators of possible flying objects, caution zones, clearly marked emergency exit signs, and directional signs to improve the flow of traffic. Steinbach’s supports this suggestion by stating in his article, “One final piece of equipment to consider: the warning sign. ‘To reduce the risk of serious injury: STAY ALERT! FLYING OBJECTS!’ reads one sign currently available for purchase.”The more sporting events or other possible risk event put this into action there would be a less risk for people.
On top of signs directing traffic flow, it is important to have someone supervising the facility area. Our book talks about two reasons why it is a great advantage to design a facility that can be supervised. “A lack of proper supervision is one of the most common allegations made in lawsuits regarding negligence in sport and physical activity programs. The design and layout of the facility are often overlooked as a primary reason for poor supervision. Some facilities are inherently easy to supervise and some are not” (Sawyer25). Perhaps in order to prevent injuries and fatalities sporting events such as track and field could have tighter supervision on the premises and consider constructing the area much better to help the supervision process. “Design features that enhance efficiency of supervision include activity areas that are close together and easily monitored. Instead of spreading activity areas around the perimeter of the facility, one efficient method being used is to design along central hallway or mall off of which are place the activity areas” (Sawyer25). By designing an area where it would be more accessible and visible to supervise would put spectators at less of risk.
