A REMEDY TO A LAWSUIT

Day in and day out, we are all faced with potential liability claims due to the litigious world we live in. No one is exempt from this fact of life. It does not matter how long you have been in your profession, how careful you are, how good you are to your students and clients, or how many certificates you have attained. One day you may be faced with a lawsuit. Not having insurance to protect you could cost you everything.

As aerobic instructors and personal trainers, a few of the exposures that you may be confronted with on a daily basis could be slips and falls around the health club or studio, sexual abuse and/or harassment, improper instructions, knowledge of an existing problem such as a faulty ladder or poor lighting, but you permit your students to continue using the facility, knowledge of a medical condition, but allowing the student to continue in the program, or defamation of a student's character. Think, have any of the above occurred in your daily training program? If so, these occurrences or incidents could lead to litigation and cost that must be beared by someone. It may be you.

In the past an injured party had to prove that the other party was at fault in order to collect damages. Today, emphasis is on providing an injured party with some form of legal redress, regardless of blame. Thus, the ability to pay is more important today than determining who is at fault, and that the burden of paying the injured persons falls heavily on the wealthy persons, corporations, and other parties who are assumed to have "Deep Pockets."

Once you are in receipt of a lawsuit or a potential incident, the cost to defend and potential indemnification awards are sizeable. A summary of cost can be listed as follows: A) Direct Cost - Hiring an attorney $150-$250 per hour: paralegal to support the attorney $75 - $100 per hour; Court Cost ??; and Award Cost if you are found negligent - Sky is the limit; B) Indirect Cost - Cost of the time away from your profession to defend yourself ??; professional reputation; and loss of future income.

Without the transfer of this exposure to someone else such as an insurance policy, your personal and business assets are would be in jeopardy, which could lead to bankruptcy.

A call to an insurance broker will allow you the peace of mind and assurance that you can sleep nights and not fear the trials and tribulations that you might be faced without the purchase of an insurance policy. An insurance policy will pay those sums up to the policy limits that you become legally obligated to pay as damages to which the insurance applies. The insurance carrier will have the right and duty to defend you against any "suit" seeking these damages. With most policies, the defense and investigating expenses are unlimited, and they are outside of the policy limits you have selected. The cost of an insurance policy will be an ounce of prevention that will protect your assets and your piece of mind. Your responsibility once a policy is in effect, will normally be limited to reporting the incident or claim as soon as possible, providing the facts including possible witnesses to the insurance broker, cooperating with the insurance company claims department, and finally leaving the rest in the hands of the experts to protect you.

In addition to the insurance policy, another means of prevention is to use common sense at all times when dealing with your students or clients. Correct or see that the corrections are made before a claim or incident occurs. If a loss occurs, do everything you can to mitigate the injury such as first aid, and medical care, if necessary.

DO NOT BE POUND FOOLISH - BE FIT IN THE EVENT OF A SUIT OR INCIDENT!!