Brandon White - 2002 Landed in Box, Paralyzed

[decanuck]

The vaulter had originally sued Southern CT State University, but that claimed was dismissed by the Court on grounds of sovereign immunity. He had also sued USATF itself, but that claim was withdrawn half-way through trial because there was no evidence of USATF involvement in the event.

Thank you for speaking here about this case. I must say, as an aside from a person with an interest in this type of American law, I'm shocked the court would dismiss the claim against the university on these grounds. I'm curious...was it because of a law specific to Connecticut? Because I thought the Federal Tort Claims Act waived sovereign immunity for parties that suffered a tortious loss due to the action of the state or a state employee?

That's scary. I wonder what other states disfavor liability waivers. Definitely something to be concerned about if you run a club.

All the more reason for those who run small clubs to legally incorporate them so as to limit the amount of money for which they can be held liable (i.e. their investment in the corporation). If there are any coaches on this site that haven't done so, take heed! A few hundred dollars to incorporate could prevent a future bankruptcy.

Without knowing much about how policies are underwritten, I would worry that this incident may cause insurance companies to zero in on pole vault, specifically, as a high-risk hazard and either refuse to insure it or back charge exorbitantly for coverage. Either case could result in pole vault being dropped from entire states.

[rainbowgirl28]

All the more reason for those who run small clubs to legally incorporate them so as to limit the amount of money for which they can be held liable (i.e. their investment in the corporation). If there are any coaches on this site that haven't done so, take heed! A few hundred dollars to incorporate could prevent a future bankruptcy.

Yes, or better yet, team up with a local track club that is already incorporated. Work out the details. They get the benefit of your kids scoring points for them at JOs. You get the benefits of being a USATF-affiliated club and none of the headaches of running a business.

Without knowing much about how policies are underwritten, I would worry that this incident may cause insurance companies to zero in on pole vault, specifically, as a high-risk hazard and either refuse to insure it or back charge exorbitantly for coverage. Either case could result in pole vault being dropped from entire states.

This comment is dead-on. There is a very real chance that this single lawsuit could drastically change the face of the sport in this country. And if this lawsuit doesn't do it, we are only one or two more lawsuits away from it happening.

[vaultmd]

Now I know why there was a presentation on waivers during the staff meeting in Reno.

[superpipe]

I'm not an expert on this business stuff, but I did create an LLC ( Limited Liability Comapny ) for my USATF certified pole vault club, Mansfield Athletics Pole Vault Club, in Vermont. I actually created the LLC because I'm coaching freestyle snowboarding in the winter, but I figured I'd use it for the club too.

You get the benefits of being a USATF-affiliated club and none of the headaches of running a business.

In response to Becca's above comment, it is actually very easy and inexpensive to start an LLC ( Limited Liability Company ) in any state. In general, you fill out some simple paperwork, determine a unique name for your business and pay about a $100.00 one-time fee and you own an LLC business.

I did create my own waiver using what I found from some other pole vaulting clubs, snowboard organizations and what not, but I'm not entirely sure how effective it is. I assumed I should have this for my LLC so I did one. Interestingly, the best waiver document I found was from the USASA ( Amatuer snowboard organization ). I used the snowboard one and revised it to work for my pole vault club. Freestyle snowboarding is very similar to vaulting with respect to possible severe injury. I would state that pole vaulting is 100 times safer than snowboarding as long as you have a trained coach. Regardless of great coaching, there's no "safe" way to learn tricks. You will fall learning tricks. Anyway, here is the waiver I created if you're curious:

http://www.mansfieldathletics.com/pole_ ... waiver.pdf

For those of you unfamiliar with LLC or having a company for your vault club, the main purpose is to separate your personal assets ( house, money, etc... ) from the company's assets ( the club's assets. In my case zero. Depends upon what you claim your company owns ). Will this hold up in every lawsuit? No, but it sure makes it extremely difficult for someone to come after your personal assets. Again, I'm no expert, but this is some of the stuff I researched on it.

[vcpvcoach]

Is this lawsuit the reason for the newish rule about having a coach or meet official present during warm ups?

[polevaultatty]

The vaulter had originally sued Southern CT State University, but that claimed was dismissed by the Court on grounds of sovereign immunity. He had also sued USATF itself, but that claim was withdrawn half-way through trial because there was no evidence of USATF involvement in the event.

Thank you for speaking here about this case. I must say, as an aside from a person with an interest in this type of American law, I'm shocked the court would dismiss the claim against the university on these grounds. I'm curious...was it because of a law specific to Connecticut? Because I thought the Federal Tort Claims Act waived sovereign immunity for parties that suffered a tortious loss due to the action of the state or a state employee?

The lawsuit against Southern was not brought under the federal tort claims act - that is only for claims against a federal actor, not a state actor. In order to bring a claim against the state in CT, you have to either get permission to sue from the Claims Commission or the General Assembly (Ct legislature). Although plaintiff initially filed his claim against Southern Ct with the Claims Commission, he withdrew it right before the hearing date and then filed suit in state ct. Since he never obtained permission from the Claims Commission or the GA, Southern's motion to dismiss was granted and they were out of the case.

[LHSvaulter]

Since I attend Southern, this is pretty big news around the older track team members. While talking with my closer team mates, we haven't been able to figure out where the 6.4 million is coming from. If I am interpreting polevaultatty's last post, it sounds like the school is not being sued anymore? Maybe someone can clear this up for us.

[rainbowgirl28]

Since I attend Southern, this is pretty big news around the older track team members. While talking with my closer team mates, we haven't been able to figure out where the 6.4 million is coming from. If I am interpreting polevaultatty's last post, it sounds like the school is not being sued anymore? Maybe someone can clear this up for us.

The Connecticut Association of USATF was the one that was sued and lost. They carry liability insurance, so their underwriter is the one who pays the money.

[achtungpv]

All the more reason for those who run small clubs to legally incorporate them so as to limit the amount of money for which they can be held liable (i.e. their investment in the corporation).

Even under a corp, your business could be ruined since all corp assets could be seized. A restaurant owner I know set up multiple companies to supposedly avoid this. His restaurant business is one corporation that owns no assets. The property is owned by another corporation. The equipment, furnishings, dishware, etc. are owned by a 3rd corporation. The business rents the property and equipment from the other two corporations for one dollar. Now, I don't know if this actually works or if someone could just sue all 3 businesses at once. I took him at his word that this would work but he drinks a lot so I'd ask a law dude for actual advice.

[Robert schmitt]

an LLC just puts a layer of protection from your personal assets -not the limited liability corps assets. the multiple corp set up just makes it harder for those assets to get at. You also need to dot your i's and cross your t's by holding quarterly meetings making sure all of you advertising signs have the LLC so they can't argue that you are running the business more like a sole proprietor than a LLC

[decanuck]

Without knowing much about how policies are underwritten, I would worry that this incident may cause insurance companies to zero in on pole vault, specifically, as a high-risk hazard and either refuse to insure it or back charge exorbitantly for coverage. Either case could result in pole vault being dropped from entire states.

This comment is dead-on. There is a very real chance that this single lawsuit could drastically change the face of the sport in this country. And if this lawsuit doesn't do it, we are only one or two more lawsuits away from it happening.

Would it be prudent for the PV community at large to preemptively extend an olive branch to the insurance industry regarding all the safety initiatives undertaken since the time of this case (i.e. PVSCB, high school rule changes, coaching education etc.)? This incident happened seven years ago--much has changed since then. It would be silly for an underwriter to reassess the risk level of pole vaulting, in lieu of this case, without also taking into account the positive changes of the past seven years that effectively reduce, avoid and mitigate risk in the event. We should ensure that they are made aware of these factors.

Is there anyone here who works in the insurance industry and could offer some insight? I'm at a loss as to how best this could be done or if it is even worthwhile.

Even under a corp, your business could be ruined since all corp assets could be seized.

Indeed, but in the worst case scenario at least a coach does not lose his or her house, car, possessions, etc. and have to file personal bankruptcy which could certainly be the result of losing a huge judgment in a sole proprietorship situation. Varied ownership of assets and channeling of cash flows is more or less effective depending on the legal and business contexts of the state, and would certainly require some expert help from an accountant or lawyer to, as Robert Said, dot the i's and cross the t's.