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Planning Your Event Can Prevent Trouble Down the Road
by Steve McGinn
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The variations and complexities of the special events provided by cities throughout the state are many. They may range from a simple family day picnic to elaborate fireworks displays, and even to festivals that last several days. Because of the unique nature of these events, the potential for serious liability claims increases considerably over the more routine events hosted by the typical city, such as softball and other parks activities.
It is important to understand that inadequate or insufficient planning of such a special event could have disastrous liability consequences for the unsuspecting public entity.
Prior to any special event, the responsible public entity should develop guidelines for pre-event planning that will consider all potential liabilities associated with the proposed event. The guidelines should include a review of common loss exposures and should be the central focus when addressing pre-event planning. The key components of a successful pre-event plan are:
Administrative controls
Site review and evaluation
Traffic and parking
Crowd management
Security concerns
Medical services
Close attention to these planning procedures will greatly improve your chances of a successful event, while at the same time dramatically reducing your liability exposures.
The first and most important step when planning your event is to assure sound administrative controls. The responsibility for these controls should be assigned to an event committee, or to a single individual if it is a smaller event. This committee or person should have overall responsibility for organizing the activities of all internal departments and outside parties.
Because of the numerous concerns associated with any special event, it is highly recommended that a special event checklist be utilized. This checklist should address liability exposures and special insurance needs, and should provide guidelines for obtaining licenses and permits. Of great importance in pre-event planning is the establishment of a workable communications network. This network should bring together public officials, event organizers, corporate sponsors, police and fire personnel, contractors, vendors, insurers and others associated with the event. Communication is a critical ingredient of all groups if they are expected to work together to identify and manage the many risks associated with your event.
To assure the effectiveness of your event, it is important that an adequate number of staff and volunteers be properly trained. Be especially conscious of your volunteers, as from a liability standpoint they will be held to almost the same standards as full-time staff. Their experience should be properly evaluated and matched to their assigned responsibility. Motor vehicle records should be checked on all volunteers assigned driving duties.
In pre-event planning, an entity should pay close attention to potential liability exposure such as premise liability, in which an injury could arise out of a dangerous condition in a building or its grounds. Another key area to be taken seriously is automobile liability, in which an injury or accident could occur from operating a motor vehicle that is leased or owned by the entity and operated by an employee or volunteer.
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Special exposures may require special insurance coverage. It is important that proper coverage and limits are in place prior to the event. This step should be taken even if an outside organization is hosting the event and utilizing your facilities. In situations such as this, make certain that your entity has a contract in place with the respective organization. This contract should require a Certificate of Insurance, with your public entity listed on the organization’s policy as an additional insured. Your entity should also require the organization to hold your public entity and your officers harmless from any liability concern that may occur.
If your event will include entertainers, vendors, security or others, make certain that you also have a contract with them. This is an area in which your legal representative should definitely be involved. Pre-event planning should also encompass identification and procurement of any permits that are needed. An example might be when food or alcohol is served.
Once you feel comfortable that you have properly addressed your administrative controls, you should focus on site evaluation. This is done by first taking a complete tour of the entire event location. The event committee or the coordinator should make this inspection tour. At this time, it would be a good idea to also include your insurer’s loss control personnel to assist in this hazard identification tour. During this site evaluation, evacuation plans should be established. All personnel associated with the event should be trained in proper evacuation techniques. Evacuation should address both outdoor and indoor situations, especially in locations with limited access or restricted exits. When considering evacuation plans, always include contingency plans for the orderly evacuation of attendees due to weather, fire or other emergency situations.
In selecting a proper event location, make certain the site can properly accommodate those attendees with disabilities. Is the site wheelchair-accessible? Is parking adequate for persons with disabilities? Are waterfronts and rest rooms accessible? Indoor facilities should be inspected for code compliance, emergency lighting, alarms, sprinkler systems and adequate fire extinguishers. Be certain all exit doors are operable and unobstructed. Check all electrical currents to see if they have ground fault protection and that all extension cords are equipped with grounding plugs.
A key concern of any special event is the potential for severe injury resulting from attendee slips, trips and falls — the No. 1 area of special events claims. To prevent such hazards and dramatically reduce the expensive claims associated with them, make certain your facilities are thoroughly inspected. Be conscious of uneven ground, electrical cords, ropes and stakes used to support tents. Include in your inspection all fall hazards, high-voltage electrical equipment, and areas of vehicle movement. Once identified, correction should take place immediately.
To eliminate “failure to warn” accusations, make certain adequate warning signs are posted, temporary fencing or barriers are erected where needed, and ample parking is available.
For large events, consider remote parking or the utilization of a shuttle service. Your parking area needs to be well maintained with adequate lighting for night events. In addition, safe walking lanes, sidewalks and crosswalks should be evaluated for pedestrian traffic. It is important that the individuals selected for traffic control are well trained to assure a smooth flow of traffic.
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Another very important consideration of special events is crowd management. A first step in this endeavor is estimating the number of attendees in order to develop a sound monitoring and control plan. It is very important that you understand the characteristics of your expected audience; you need to evaluate different crowd management controls for different types of events.
An arts and crafts event will most certainly differ from a rock concert. Seating should take into consideration proper spacing, seating capacity and number of attendees. This all translates into a specific number of exits and compliance with local fire codes. Again, the importance of well-placed signs cannot be over-emphasized. Well-located and visible signs can be a tremendous aid in controlling crowds and avoiding confusion. Signs clearly indicating entrances, events, security, vehicle direction, restricted areas, first aid and rest rooms should be put in place. In addition, a sufficient number of rest rooms should be available, and trash receptacles should be strategically placed throughout the event area and emptied often.
The next component of event planning is security. A comprehensive security plan is a must if you intend to properly control your event, protect attendees, and provide a fun and secure environment. A good security plan will assure the right number of law enforcement and security personnel. It will address training, logistics and scheduling. Maps of the event area and surrounding areas should be developed. Your security plan should involve everyone associated with the event. The security plan should address the possible adverse behavior of individuals or groups. Large events should consider a command post that coordinates all event activities. This post should be open before the public enters the event area and should operate until after the event is completed.
At all functions where large amount of attendees are expected, it is important to incorporate a good medical service plan that will address injuries and illnesses. This plan would include an adequate number of first aid stations, staffed by qualified attendants. Procedures should be developed for immediate notification of medical personnel or emergency incidents, and the transportation of the injured or ill.
These emergency procedures should be coordinated with both police and fire personnel. Resources for the treatment of multiple injuries should be available. To assure immediate response by emergency vehicles, on-site evacuation routes should be developed.
It is extremely important that a full report of all injuries and illnesses be completed and forwarded to your entity’s risk manager or insurer. A designated spokesperson should be appointed to deal with the media relative to any event incident. The success of your special event will ultimately depend on good pre-event planning. The Florida League of Cities’ Risk Control Department has available numerous pre-event checklists that address most concerns associated with typical events, such as accident investigation, Americans With Disabilities Act considerations, medical and first aid, permits, releases and identification agreements. Please contact the Risk Control Department at 1-(800) 445-6248 for this material.
If planned appropriately, your special event can meet the expectations of being both a fun activity and a safe activity — truly a “win-win” situation for all involved.
Steve McGinn is risk control manager with the Florida League of Cities’ Public Risk Services Department.
Reprinted from Quality Cities January/February 2001
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