Safe Routes to School (SRTS) Initiatives and Liability

Transcription

1 Safe Routes to School (SRTS) Initiatives and Liability Opportunities, Perceptions & Realities December 11, 2012

2 Public Health Policy Change Webinar Series Providing substantive public health policy knowledge, competencies & research in an interactive format Covering public health policy topics surrounding Tobacco, Obesity, School and Worksite Wellness, and more The first and third Tuesdays of every month from 12:00 p.m. to 1:30 p.m. Central Time Visit for more information The legal information and assistance provided in this webinar does not constitute legal advice or legal representation.

3 How to Use Webex If you can hear us through your computer, you do not need to dial into the call. Just adjust your computer speakers as needed. If you need technical assistance, call Webex Technical Support at All participants are muted. Type a question into the Q & A panel for our panelists to answer. Send your questions in at any time. This webinar is being recorded. If you arrive late, miss details or would like to share it, we will send you a link to this recording after the session has ended.

4 Acknowledgments

5 Acknowledgements MDH Grant Programs Community Transformation Grants (CTG) Statewide Health Improvement Program (SHIP) Tobacco Free Communities (TFC)

6 Introductions Lisa Bender, Safe Routes to School Coordinator Minnesota Department of Transportation

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8 Introductions Meghann Condit, Public Health Educator Carlton County Public Health and Human Services

9 Carlton County Public Health & Human Services

10 Introductions Mary Marrow Staff Attorney, Public Health Law Center

11 Introductions Scott M. Kelly Staff Attorney, Public Health Law Center

12 The Public Health Law Center

13 The Public Health Law Center We do: We don t: Legal research Policy development Direct representation Lobby Publications Trainings

14 Webinar Objectives Identify key SRTS initiatives and stakeholders. Discuss the impact liability issues have on SRTS initiatives and role of governmental immunity. Apply risk management strategies to minimize liability risks of SRTS initiatives. Learn to apply liability standards to different situations. Describe opportunities to move forward with your own SRTS initiatives in Minnesota

15 Safe Routes to School: Introduction

16 Safe Routes to School = SRTS Improving safety Improving the health Bringing community together

17 SRTS Initiatives

18 SRTS Initiatives Individual activities Programmatic activities Policy initiatives Engineering/structural changes Local government initiatives

19 SRTS Stakeholders

20 Safe Routes to School: Experiences

21 Moose Lake Bicycle and Walk to School Policy The School District assumes no liability for injury or damage resulting from individuals biking or walking to school. The School District assumes no responsibility to ensure that students are trained in bicycle or pedestrian safety. Parents and guardians are expected to teach students the traffic safety laws and school district rules outlined in this policy.

22 Moose Lake

23 Moose Lake

24 Cloquet

25 Safe Routes to School: Liability Concerns, Governmental Immunities, & Risk Management Strategies

26 Liability

27 Why Does Liability Matter?

28 Elements of Liability Duty of care; Failed in Duty; and That failure caused harm that could have been reasonably expected to occur

29 Duty of Care Negligence Gross Negligence Willful Wanton Strict liability Reasonable Person Standard

30 Governmental Immunity Who is covered? Municipalities School districts Cities Counties. Employees, officers, or agents within scope of employment Can include volunteers Not covered: Independent Contractor Outside Scope of Employment

31 Immunity: Why It Matters?

32 Immunity: Road Map in Minnesota Tort Liability, Political Subdivisions Exceptions (Minn. Stat ) Subd. 4.Accumulations of snow and ice. Subd. 6. Discretionary acts. Subd. 6b.Unimproved property. Subd. 6e.Parks and recreation areas. Subd. 6f.Beach or pool equipment. Subd. 21.Geographic information systems (GIS) data. Subd. 23.Recreational use of school property and facilities.

33 Discretionary Acts Immunity Subd. 6. Discretionary acts.

34 Discretionary Acts Immunity Safety Political Social Economic Legal Other Public Policy Considerations

35 Discretionary Acts Immunity Was there a policy addressing the situation? Did the policy include considerations of political, social and economic issues, such as: Finances Personnel Safety Other priorities

36 Official Immunity

37 Recreational Use Immunity Minn. Stat Subd. 6e

38 Recreational Use Immunity Trespasser Standard

39 Recreational Use Immunity Recap: What to Ask? Is the condition that caused harm an artificial condition? If Yes: Did the city or city employee know the condition was likely to cause death or serious bodily harm? Was the condition hidden? If Yes: Did the city or city employee fail to exercise reasonable care to warn of the condition?

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41 Recreational Use of School Property Minn. Stat Subd. 23

42 Accumulations of Snow and Ice Minn. Stat Subd. 4

43 Geographic Information Systems Data Minn. Stat Subd. 21

44 Unimproved Property Minn. Stat Subd. 6b

45 Immunity: Things the Courts Look For Written policies History of accidents Complaints or comments about safety Results of safety inspections Common usage Existing standards

46 Municipal Tort Caps Minn. Stat Limit Liability Exposure $500,000 per individual $1,500,000 per event Exceptions exist

47 Risk Management

48 Risk Management Strategies Education/Training Supervision and Effective Communication Good Planning Safety Standards Good policy drafting Written Policies Engineering Partnerships Inspections Corrective Actions Waivers and Indemnity Clauses Liability Insurance Warning Signs Emergency Preparation Background Checks

49 SRTS 5 E s Engineering Enforcement Education Encouragement Evaluation

50 Next Webinar in the Series Knowing the Enemy: Tobacco Industry Tactics January, 2013 More information at

51 Resources

52 Statewide MnDOT Resources Online evaluation tool Safe biking and walking curriculum, ETA next fall Technical Assistance beginning this spring Upcoming Trainings: Regional SRTS trainings with Mark Fenton December 18, Mankato January 28-31, Bagley and Cloquet SRTS education and encouragement training with Alta Planning + Design January 24, 10-11am

53 Grant Opportunities K-8 Schools Infrastructure Safety Access Non-Infrastructure Education Encouragement Enforcement Evaluation Planning Assistance Analyze conditions Identify potential solutions

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55 For technical assistance contact: Warren Ortland

56 For technical assistance contact: Warren Ortland

57 For technical assistance contact: Warren Ortland

58 For technical assistance contact: Warren Ortland

59 For technical assistance contact: Warren Ortland

60 Compilation

61 MDH On-Line TA Request Form

62 Questions

63 The legal information and assistance provided in this webinar does not constitute legal advice or legal representation. For technical assistance contact: Scott M. Kelly (651) Mary Marrow - Mary.Marrow@wmitchell.edu (651)