Families sue over Orlando deaths

[fullmetal]

The first suit is embedded in the first link. It lists the rowing club, the Lions club (from whom the rowing club leased the building and used the property), and USRowing as defendants.

The North Orlando rowing program at Lake Fairview was advertised, promoted, organized, sponsored, planned, sanctioned, operated and supervised jointly by Defendants North Orlando and US Rowing and their agents and employees. North Orlando promoted its partnership with the Lions Club and US Rowing on its website.

Based on the foregoing, at all pertinent times, North Orlando was an agent of US Rowing.

Despite it being recommended that rowing facilities and clubs install, maintain, monitor, and/or employ weather detection and alert devices, North Orlando and Lions Club did not have any effective weather detection or alert system operational on September 15, 2022, which US Rowing knew or should have known.

Also, he was not given a swim proficiency test by the North Orlando coaches or staff.

Interesting.

Langston was eventually brought from the lake into the boathouse wherein an attempt to defibrillate him failed as a result of a defective or inoperable defibrillator.

Or...Langston did not have a shockable rhythm. Not all cardiac events are suitable for a defibrillator.

US Rowing marketed, profited from, provided oversight and directed the rowing operations and activities of North Orlando at Lake Fairview, such that during the relevant time period, alternatively or additionally, North Orlando and its employees were actual agents of US Rowing, and were acting within the scope of their agency in offering rowing activities at Lake Fairview. Accordingly, US Rowing is vicariously liable for North Orlando's negligence as alleged in Count I and II..

...

US Rowing acknowledged that North Orlando would provide services on behalf of US Rowing and North Orlando accepted this obligation to work, subject to US Rowing's control, including following and adopting policies and procedures promulgated and mandated by US Rowing.

Lawyers. Did they do research? The plaintiffs should sue their own counsel for such negligent representation.

I think the claims against North Orlando have merit, but I don't think Lions or USRowing should be trouble by these allegations, assuming competent defense. It's a pain in the butt though.

The second suit is not linked/embedded, and the second article doesn't have many details.


First family files suit, article posted on Jan 30 (pdf at this link)
https://www.fox35orlando.com/news/wrong ... in-orlando

Second family files suit, article posted today
https://www.fox35orlando.com/news/secon ... e-fairview

[rowingpun]

Are there any issues with USR providing the insurance and training/certification for coaches and clubs? I've never been privy to the admin side of clubs before, but it seems to my lay understanding that those thing combined might create a liability to USR. Are there requirements for, or benefits to, having USR certified coaches when it comes to insurance? Is there a release of liability built into the USR certifications or the use of their safety video?

[fullmetal]

USRA doesn't provide insurance to the clubs for normal operations, afaik. USRA does provide insurance for some aspects (if not all?) of regattas. Tom Rooks at USRowing would have more details. He's leading an interesting initiative to collect more safety/incident data (anonymized if you want) around rowing in general to better understand (and help insurers better understand) how to make rowing safer. Stuff like near misses or minor collisions in everyday practice goes toward this data collection effort.

Thomas.rooks@usrowing.org
https://usrowing.org/sports/2016/6/2/90 ... 71607.aspx

USRA certifies coaches (there is no indication that the coaches involved were certified, interesting), but after certification, there is no obligation on either the coaches' or USRowing's part to follow up with or maintain any behavioral guidance. I think USRA certifications run along the lines of "this person has demonstrated knowledge commensurate with Level 1/2/3 expertise." That's it.

Much of what USRA does as far as the safety video or the swim test is guidance in that USRA provides best practices for clubs to follow, but whether clubs do or don't follow those practices is out of sight of a national organization. Honestly, much of USRA's domain is regattas and the national team. Everything else is up to local clubs, which is very on-brand for a grassroots sport.

[socalstroke]

Langston was eventually brought from the lake into the boathouse wherein an attempt to defibrillate him failed as a result of a defective or inoperable defibrillator.

Or...Langston did not have a shockable rhythm. Not all cardiac events are suitable for a defibrillator.

Memory module can answer that.

Side note, USR might want to proof read its 2023 waiver for typos. Sheesh.

[bz]

The USRowing group insurance policy does indeed cover member organizations for normal operations, anything considered sponsored rowing activities. That would include practices, social gatherings, and other regular club / team activities. Some things require additional insurance coverage, such as crime insurance, equipment or property insurance, and directors and officers liability insurance. Anybody who is hosting an event would need additional event insurance, which is also available through USRowing. See the group insurance policy liability limits below.

Bill Zack


General Liability and Excess Liability
General Aggregate: $3,000,000
Completed Operations Aggregate: $2,000,000
Personal and Advertising Injury: $1,000,000
Each Occurrence: $1,000,000
Damage to Premises Rented to You: $1,000,000
Medical Expense: Excluded
Abuse and Molestation - Each Incident: $1,000,000
Abuse and Molestation - Aggregate Limit: $2,000,000
Hired/Non-Owned Auto Liability Combined Single Limit: $1,000,000
Hired Auto Physical Damage Total Maximum Aggregate Limit*: $125,000
Employee Benefits Liability – Each Employee: $1,000,000
Employee Benefits Liability Aggregate: $2,000,000
Excess Liability Each Occurrence: $5,000,000
Excess Liability Annual Aggregate: $5,000,000
*Optional coverage for those that select this option and pay the additional premium

General Liability Deductibles
Employee Benefits Liability - Each Employee $1,000
Comprehensive Deductible - Each Automobile $1,000
Collision Deductible - Each Automobile $1,000

Excess Accident Medical Limits*
Accident Medical Expense Benefits: $25,000
Accidental Death Indemnity Benefit: $25,000
Accident Dismemberment Indemnity Benefit: $50,000
Accidental Paralysis Benefit: $50,000
AD&D Aggregate Limit (Any 1 Accident): $1,000,000
*Excess Accident Medical Deductible is $250 for any occurrence

[fullmetal]

Ahh, interesting. And if the incident was a result of a failure to follow best practices, would the insurance still kick in?

[bz]

Well, I am by no means an expert on insurance or the legal nuances of insurance. And it would be best to actually be able to read the USRowing group policy. But, in general, liability insurance does still cover the insured party if the insured party is negligent. The following is from the Cornell school of law. The automobile insurance analogy makes sense to me.

"Liability insurance coverage refers to a third-party liability policy. A third-party liability policy “provides coverage for liability of the insured to a ‘third party.’” Liability insurance is based on the ideas of fault, proximate cause, and duty. .....in liability insurance, the insured is covered for his or her own negligence (Montrose Chemical Corp. v. Admiral Ins. Co.). In other words, liability insurance compensates a third party for damage caused by the negligence of the insured. For example, one may have liability insurance for one’s car, meaning that if he/she gets into an automobile accident and injures someone, the liability insurance will compensate the injured person."

Bill Zack

[SoCal Scullers]

The USRowing group insurance policy does indeed cover member organizations for normal operations, anything considered sponsored rowing activities. That would include practices, social gatherings, and other regular club / team activities. Some things require additional insurance coverage, such as crime insurance, equipment or property insurance, and directors and officers liability insurance. Anybody who is hosting an event would need additional event insurance, which is also available through USRowing. See the group insurance policy liability limits below.

Bill Zack


General Liability and Excess Liability
General Aggregate: $3,000,000
Completed Operations Aggregate: $2,000,000
Personal and Advertising Injury: $1,000,000
Each Occurrence: $1,000,000
Damage to Premises Rented to You: $1,000,000
Medical Expense: Excluded
Abuse and Molestation - Each Incident: $1,000,000
Abuse and Molestation - Aggregate Limit: $2,000,000
Hired/Non-Owned Auto Liability Combined Single Limit: $1,000,000
Hired Auto Physical Damage Total Maximum Aggregate Limit*: $125,000
Employee Benefits Liability – Each Employee: $1,000,000
Employee Benefits Liability Aggregate: $2,000,000
Excess Liability Each Occurrence: $5,000,000
Excess Liability Annual Aggregate: $5,000,000
*Optional coverage for those that select this option and pay the additional premium

General Liability Deductibles
Employee Benefits Liability - Each Employee $1,000
Comprehensive Deductible - Each Automobile $1,000
Collision Deductible - Each Automobile $1,000

Excess Accident Medical Limits*
Accident Medical Expense Benefits: $25,000
Accidental Death Indemnity Benefit: $25,000
Accident Dismemberment Indemnity Benefit: $50,000
Accidental Paralysis Benefit: $50,000
AD&D Aggregate Limit (Any 1 Accident): $1,000,000
*Excess Accident Medical Deductible is $250 for any occurrence

USRowing insurance does not always cover member organizations, and it does not automatically cover individual members. There was an incident in Newport a couple of years ago where a stand up paddler crashed into, and destroyed, a single-scull. The paddler sued the sculler and his club. USRowing did not cover, as the sculler was not participating in a USRowing-sanctioned event.

[crewu]

Did the paddler sue for personal injury or financial loss of the paddle board? I believe USRowing insurance covers medical in most situations but not equipment really ever.

[SoCal Scullers]

Did the paddler sue for personal injury or financial loss of the paddle board? I believe USRowing insurance covers medical in most situations but not equipment really ever.

Personal injury - several hundreds of thousands of dollars. Sued both the individual sculler (a member of USRowing) and the club (an institutional member of USRowing).

[fullmetal]

That's interesting. I presume USRowing will argue the definition of "agent" as well as the particulars of their insurance policy. It's ironic that outsiders think that clubs operate as extensions of USRowing when the reality is that clubs somewhat thumb their nose at USRowing and would gladly not pay the regatta registration fee if at all possible. After all, what has USRowing really ever done for individual clubs other than regatta stuff? /s

[crewu]

Did the paddler sue for personal injury or financial loss of the paddle board? I believe USRowing insurance covers medical in most situations but not equipment really ever.

Personal injury - several hundreds of thousands of dollars. Sued both the individual sculler (a member of USRowing) and the club (an institutional member of USRowing).

What was the result of the law suit?

[SoCal Scullers]

Did the paddler sue for personal injury or financial loss of the paddle board? I believe USRowing insurance covers medical in most situations but not equipment really ever.

Personal injury - several hundreds of thousands of dollars. Sued both the individual sculler (a member of USRowing) and the club (an institutional member of USRowing).

What was the result of the law suit?

Ongoing. Going to Court. Everyone's lawyered up.

[crewu]

If you are a member of USRowing and a member of a USRowing member club that has USRowing insurance then your rowing activity in practice is covered by USRowing insurance - especially if you are rowing backwards and don't see the person you run into.

If USRowing is arguing that legally it doesn't cover this then I'll be shopping around for a new insurance carrier.

[SoCal Scullers]

If you are a member of USRowing and a member of a USRowing member club that has USRowing insurance then your rowing activity in practice is covered by USRowing insurance - especially if you are rowing backwards and don't see the person you run into.

You would think so, but that's not what happens in reality.