This past year found me largely in the courtroom defending recreation-oriented claims. It came home to me (yet again) how vital it is to have the long view of our risk management practices so that we can assess the viability of trying a case and so we can (if we choose trial) get in the evidence that we want, find ourselves on the right side of standards (in the industry), so that we have good solid partners in our insurers and in our Boards and staff, and so that we get good juries and detailed jury instructions, etc. In past years at the WRMC, we have focused on general concepts, conducted mock juries, and talked about particular issues that produce claims. In this session, we are going to take the long view and dig into what the most comprehensive type of defense (trial) really looks like and when you (and your entity and your insurer) should engage the courts. This is the end game of risk management and is intended to engage everything you have learned up to this point at WRMC.
Action Steps:- A participant should walk out knowing, based on some evidence and case structure knowledge, what they would need to collect and assess and who they would need to contact in the aftermath of a critical incident so that they can defend themselves in the event of a critical incident.
- Entities will have a heightened awareness of what the latest litigation traps are and how to avoid those traps through proactive understanding of the full defense process.
- Entities will be able to take these issues back and examine their existing policies and procedures and practices as well as insurance coverages for areas that can and should be updated or revisited.
