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Informal Science Education Network <[log in to unmask]>
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Karen Courtman <[log in to unmask]>
Date:
Sat, 18 Oct 2003 09:33:22 -0500
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ISEN-ASTC-L is a service of the Association of Science-Technology Centers
Incorporated, a worldwide network of science museums and related institutions.
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i'm pretty sure 'inherent risks' as you're using it is a legal term, so i'll
leave it to the lawyers.  let me offer some personal observations about you
and staff surviving what is no doubt an unpleasant ordeal.

in the 13 years at science place, i had the misfortune to be involved in two
lawsuits regarding injuries on the premises - one involved a patron and one
involved a truck driver injured unloading an exhibit. both were extremely
stressful for staff that was directly involved.

1.  this is what you have insurance for - no matter how much you may
disagree with any outcome, it is their call as to how to proceed - not
yours.  it can make anyone involved feel helpless so don't take it
personally.
2.  when they settle, not if,  it just means its the cheapest way out. it is
not an indictment of how you do business. (by the way, the board will
probably pound the table and demand that the institution not settle, but
they, too, forget it's the insurance company, not the Center).  you will
also be surprised at the end of this ordeal how little it will affect the
Center's insurance rates, if at all.
3.  don't become paranoid about safety - your institution has obviously done
a great job - you've had tens of thousands of people come through without
anything like this happening.  use it as an opportunity to fine tune your
exhibit maintenance program.
3. make sure any staff involved in the taking of depositions, etc. get your
FULL support.  for those that haven't experienced anything like this, it can
be quite stressful.
4.  by all means, consult your own lawyer about strategies for the future.
for instance, it may be as simple as instructing floor staff about what not
to say if an accident occurs.
5.  take heart there are so few suits against science centers, given the
number of people served and the propensity for people to sue these days. it
also says a lot that liability insurance is afforable for science centers -
it means the risks are relatively low.

it is a fact of life there are 'ambulance chasers' out there who will take
every advantage they can.  they are not interested in the notion of personal
responsibility.  they can and will turn a paper cut into a life altering
injury and will find legal advice to support their position, no matter how
absurd. don't let this taint the knowlege that we do the best we can.

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