The Shoot for the Cure: 3-on-3 Basketball Tournament, organized by the American Cancer Society (ACS) and coordinated by Mark, the Event Manager, was going smoothly. The games were running on schedule and everyone seemed to be enjoying the entertainment. Overall, the event seemed to be a success. Suddenly, the atmosphere of the event changed drastically. Sally, a participant in the next game, reported to the basketball court for the beginning of the last 3-on-3 game. The game began, then all of sudden there was a loud cry from the courts. Sally had been struck by a falling basket. The volunteer first-aid squad assigned to monitor the event was on the scene immediately. The injury was severe. Sally lay on the court with the apparatus still sitting across her body. She was not breathing and was losing blood. Her arms were severely torn. Sally was airlifted to the closest trauma center, where she received a high level of treatment.

Sally survived the incident. After an extended stay at the hospitality, Sally was released; however, almost a year after the incident, Sally still did not have full function in her right arm and hand. The prognosis was poor. As full function had not returned by this point, there was little hope that it would ever return. Sally would invest much time and energy in occupational therapy to relearn life skills that she had previously taken for granted.

During Sally's recovery time, the ACS and the Event Manager were busy gathering all of the paperwork that they would need in the event that, after recovery, Sally would press charges and demand payment for her injuries. While gathering paperwork, they noticed that Sally's parents had not signed a release form for her to be cared for or transported by event medical personnel. They also realized that their registration package did not include a form for participants to sign that indicated that they understood that there are risks involved in participation and that they assumed these risks. Because a precedent has already been set in the courts of New Jersey, the location of the event, these missing documents would be extremely detrimental to the society and the Event Manager. The ACS knew that they would be targeted as the deepest pockets and that the Event Manager would be accused of negligence.

Sally's parents did bring a lawsuit against Mark and the ACS. They claimed that their daughter did not receive proper attention and that they did not consent to having their daughter airlifted to a hospital outside the local community They claimed that the time spent waiting for the helicopter should have been spent transporting their daughter to the local hospital, where she would have received treatment sooner. They also claimed that they were not informed that such a serious injury could result from their daughter's participation in the event. The complaint ended with the assertion that the ACS and the Event Manager were negligent in using equipment that could fall on and injure participants.

The ACS and the Event Manager had no defense in this matter and eventually had to settle even though the incident was an accident, and the equipment was inspected prior to use. The ACS agreed to assume a large portion of the financial burden, and the Event Manager agreed to forfeit all profits and pay an additional sum out of his own pocket.

QUESTIONS

What should the Event Manager have done to ensure that both he and the ACS were protected

against lawsuits brought by an injured participant?

What forms should the Event Manager have included in the registration package?

What specific details should be included in a medical release form?

How could the Event Manager prove that he had inspected the equipment, and was it an issue in this

case?