Scenario
According to a report completed by the Chapter Advisor, there were three chapter members conversing about the fire escape outside the window of the second floor. One member, who admitted she had previously been out on the escape, showed the other two new members that it was possible to go out onto the fire escape from the window of the room. The older member successfully got out on the escape. One of the freshman women attempted to do the same and slipped and fell one story to the ground. The women fractured her jaw in 8 places requiring surgery, lost 7-8 teeth and received various soft tissue injuries related to the fall from 15 feet.
Results
Parents of member have retained an attorney and a reserve of $350,000 has been placed on the claim by the insurance company.
Liability Concerns
The fire escapes were used by the house residents as “balconies.”
- Risk Management solution: Written rules, by laws, contracts, handbooks or other correspondence methods should address inappropriate use of roofs, bodies of water, fire escapes, basements, attics, etc.
The prior House Director knew that the residents were using the fire escape as balconies.
- Risk Management solution: A specific person or persons should be responsible for making sure that rules are adhered to. This person or persons must have authority and make sure all persons conform to these rules. Persons living in the house must be held accountable to these rules.
The access ways to the fire escape had no signs posted.
- Risk Management solution: Signage is very important for instructions and awareness purposes. Post signs in access ways that clearly indicate that the fire escape is to only be used for emergency purposes.
A light which was affixed to the wall just above the fire escape was not working.
- Risk Management solution: The appropriate employee should be conducting comprehensive house inspections and giving the property manager written items that need correction. This should also include a follow-up procedure to make sure that corrections are made in a timely fashion.
The witnesses all stated that they have never been advised of any prohibitions against using the fire escape.
- Risk Management solution: House Corporation should have a meeting with the Chapter members once every semester to educate the members on the House Rules and the minutes of the meeting should reflect said instructions. Signs should be posted near the escapes that state “for emergency use only.”
A chair was present on the third-floor fire escape which had been present for three years according to one witness.
- Risk Management solution: An assumption could be made that the members were using the chair to sit in while using the fire escape in an improper manner. Clearly communicate to employees the procedures for reporting to the House Corporation any House Rule violations.
One witness stated that the house members regularly used the fire escapes as balconies and were never told not to.
- Risk Management solution: House Corporation should have a meeting with the Chapter members once every semester to educate the members on the House Rules.
Scenario
A sprinkler head in a closet on the second floor went off resulting in water damage to the first and second floor, as well as the basement. The exact cause of the sprinkler head going off is not able to be determined. It is believed that the heat in the closet may have been a factor. The expert hired to determine the cause noted that the sprinkler heads in the house were approximately 30 years-old and were either corroded or leaking.
Result
The final cost of this claim was $498,444. There is no subrogation potential against the manufacturer of the sprinkler system or the company who installed it as the House Corporation did not maintain any records regarding when the system was installed or when it was inspected.
Issues to discuss
- Is your sprinkler system inspected on a regular basis? How do you ensure that the sprinkler system is inspected annually?
- Do you maintain all of the records from the inspections?
- Does your house have an alarm when the sprinkler system is activated?
Scenario
A member was using a deep fryer in the kitchen to heat oil. The member walked away to another room, and the fryer caught the cabinet and microwave on fire. The fire damage was contained to the kitchen. However, there was smoke damage throughout the house.
Result
A total of $47,972.09 was paid out for the claim.
Issues to discuss
- Are residents allowed use of the commercial kitchen equipment? If so, what are the regulations regarding the use of the commercial kitchen equipment? See below for our risk management response to this practice.
- Discuss safe alternatives to the members using the commercial kitchen equipment
Scenario
A fire broke out in the attic of the chapter house from what they believe was some insulation that fell between the wall and flooring landing on some wires and ignited. The attic was not sprinklered and sustained all of the damage below. However, as the claims progress in the cleaning up and repairing of the attic space, the state building code regulations had to be addressed. The wing where the fire originated was built in the early 1900s, and they could not let the members back into that area until some of the original construction items were upgraded even though they were not affected by the fire (e.g. some of the members had to be moved to other facilities, the insured had to pay for additional meals as the kitchen could not be used).
Result
The code compliance issues drove the cost of claim over $1,000,000.
Issues to discuss
- What policies do you have in place in the event of a severe and lengthy property claim? (i.e. where will you house displaced chapter members? How can you minimize extra expenses associated with the claim?)
- Do you regularly inspect your attic space? Is your attic sprinklered?
Subrogation – the legal process by which an insurance company, after paying a loss, seeks to recover the amount of the loss from another party who is legally liable for it.
Scenario
An extensive fire occurred on the top floor and roof of the chapter facility resulting in a total claim amount of $1,379,877. Due to the size of the loss, the file was referred to the Subrogation Department immediately. Subrogation Counsel was assigned, as well as a Cause and Origin expert. After the expert’s inspection, the subrogation attorney assigned an electrical engineer to inspect the evidence. The experts were able to identify that an electrician working in the building knocked wiring loose, which resulted in the fire. Upon conclusion of the loss adjustment, a demand package was sent to the electrician’s insurance carrier. Mediation between the electrician’s insurance carrier and the organization’s insurance company took place. The case did not settle during mediation, but did settle shortly after. The two parties negotiated a settlement and avoided litigation and incurring further litigation costs.
Result
The insurance carrier was successful in recovering $700,000 on behalf of the organization.
Important!
If you have a loss, please do not throw anything away without speaking to an adjuster first. If you have to begin mitigation due to water damage, please take photographs before moving or tearing anything out. Subrogation could be compromised by discarding parts or failing to take photographs to document the damage.
Issues to discuss
- What procedures do you have in place to properly document claims when they occur?
- What procedures do you have in place to address issues after a large property claim (e.g. alternate housing for the chapter members, building/code requirement changes, loss of income expenses, etc.)?
Scenario
Members of a sorority loaned their house to a men’s fraternity for a party. The men’s fraternity house was being painted, and they were unable to have a party at their own house. The sorority members did attend the party, but did not provide the alcohol. An underage member of the men’s fraternity was leaving the house when he fell down the front steps, which resulted in him losing his vision in one eye. The young man was intoxicated when he fell.
A lawsuit was filed in the matter against the fraternity and sorority, as well as some of their members. The allegations against the sorority included allegations of failure to supervise their patrons which resulted in the plaintiff being served alcoholic beverages until he was visibly intoxicated. Allegations against the sorority members included failure to supervise and control the fraternity members.
Result
The lawsuit settled for $190,000. The insurance carrier for the sorority paid $154,500. The remaining amount was paid by the member’s personal homeowner’s policy. We do know that the men’s fraternity contributed towards the settlement. However, we do not know the settlement amount.
The defense costs for this claim totaled $329,223. This was a very expensive claim to defend due to individual members being named and additional coverage investigations into whether or not the members were acting on behalf of the sorority.
Issues to discuss
- When loaning or leasing the property to other individuals/organizations, we recommend that you refer to MJ’s Position Paper on the topic and contact your Client Executive to discuss further.
- How do your policies address social events at the chapter property? What policies were broken in the above described claim? What policies would have prevented this claim from happening?
- What are some potential risks of renting the chapter property out to a third-party?
Scenario
At a fraternity chapter house that was hosting a party, Jane Doe, chapter member, went out a second-floor door to a fire escape platform and fell through the hole, which provided a ladder access to the ground.
There had been a previous fall from this fire escape at the chapter house in question, and the chapter leadership posted a hand-made warning sign at the exit to the fire escape as a warning.
Result
Jane Doe suffered serious injuries and sued the Fraternity and House Corporation. The national Fraternity was dismissed from the lawsuit; however, the House Corporation was found 56 percent at fault with nearly $120,000 in damages.
Issues to address:
- The fire escape had already caused problems at this chapter, and the House Corporation did not address those concerns properly. Once a dangerous condition at the property is revealed, it must be appropriately addressed.
- How should the concerns about the fire escape have been addressed after the first incident?
- What risk management policies does your Chapter/House Corporation have in place regarding fire escapes?
This guide from Travelers, the insurance company for MJ Sorority clients, provides information on incorporating best practices and a prevention plan to help reduce the risks of slips, trips and falls at your business and on your premises.
Every year, up to 20 percent of the population in the United States contracts the flu virus. The effects of flu vary
from mild symptoms to severe illness and complications, including death. Disease experts have calculated that
once every 30 to 40 years, pandemic influenza affects people globally, resulting in a significantly greater number
of illness and deaths than the annual flu.
How flu spreads
Flu viruses spread in respiratory droplets through person-to-person or other close contact. Most adults can infect
others beginning one day before symptoms develop and from up to five to seven days after becoming sick. This
means that you can pass on the flu to someone else before you know you are sick, as well as while you are sick.
Human influenza viruses generally can survive on surfaces for two to eight hours.
Good health habits
Maintaining good health habits is important to keep you healthy and to minimize the spread of the influenza
virus. The Centers for Disease Control and Prevention (CDC) and other health organizations suggest exercising
regularly, getting enough rest and eating healthful balanced meals, in addition to a number of precautions to help
protect yourself and others from transmitting the flu. These precautions may include, but are not limited to:
- Avoid close contact with people who are sick. Keep your distance from others to help protect them from getting sick too.
- Stay home when you are sick. Prevent others from catching your illness.
- Keep your hands clean. Wash your hands often and rub hands vigorously for at least 20 seconds. If you do not have access to water and soap, use alcohol-based gels or hand sanitizers.
- Cover your mouth and nose. Use a tissue when coughing or sneezing to help prevent spreading the virus or, as the CDC suggests, sneeze or cough into your arm or sleeve. Viral droplets are less likely to spread doing this than coughing into your hands.
- Avoid touching your eyes, nose or mouth. Germs are often spread when a person touches something that is contaminated with germs and then touches his or her eyes, nose, or mouth.
For additional information visit the CDC website. The information provided in this document by Travelers is intended for use as a guideline and is not intended as, nor does it constitute, legal or professional advice. Travelers does not warrant that adherence to, or compliance with, any recommendations, best practices, checklists, or guidelines will result in a particular outcome. In no event will Travelers, or any of its subsidiaries or affiliates, be liable in tort or in contract to anyone who has access to or uses this information for any purpose. Travelers does not warrant that the information in this document constitutes a complete and finite list of each and every item or procedure related to the topics or issues referenced herein. Furthermore, federal, state, provincial, municipal or local laws, regulations, standards or codes, as is applicable, may change from time to time and the user should always refer to the most current requirements. This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers, nor is it a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law.
CDC recommends a three-step approach to fighting influenza (flu). The first and most important step is to get a flu vaccination each year. But if you get the flu, there are prescription antiviral drugs that can treat your illness. Early treatment is especially important for the elderly, the very young, people with certain chronic health conditions, and pregnant women. Finally, everyday preventive actions may slow the spread of germs that cause respiratory (nose, throat, and lungs) illnesses, like flu.
How does the flu spread?
Flu viruses are thought to spread mainly from person to person through droplets made when people with flu cough, sneeze, or talk. Flu viruses also may spread when people touch something with flu virus on it and then touch their mouth, eyes, or nose. Many other viruses spread these ways too.People infected with flu may be able to infect others beginning 1 day before symptoms develop and up to 5-7 days after becoming sick. That means you may be able to spread the flu to someone else before you know you are sick as well as while you are sick. Young children, those who are severely ill, and those who have severely weakened immune systems may be able to infect others for longer than 5-7 days.
What are everyday preventive actions?
- Try to avoid close contact with sick people.
- If you or your child gets sick with flu-like illness, CDC recommends that you (or your child) stay home for at least 24 hours after the fever is gone except to get medical care or for other necessities. The fever should be gone without the use of a fever-reducing medicine.
- While sick, limit contact with others as much as possible to keep from infecting them.
- Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.
- Wash your hands often with soap and water. If soap and water are not available, use an alcohol-based hand rub.
- Avoid touching your eyes, nose and mouth. Germs spread this way.
- Clean and disinfect surfaces and objects that may be contaminated with germs like the flu.
- If an outbreak of flu or another illness occurs, follow public health advice. This may include information about how to increase distance between people and other measures.
What additional steps can I take at work to help stop the spread of germs that can cause respiratory illness, like flu?
- Find out about your employer’s plans if an outbreak of flu or another illness occurs and whether flu vaccinations are offered on-site.
- Routinely clean frequently touched objects and surfaces, including doorknobs, keyboards, and phones, to help remove germs.
- Make sure your workplace has an adequate supply of tissues, soap, paper towels, alcohol-based hand rubs, and disposable wipes.
- Train others on how to do your job so they can cover for you in case you or a family member gets sick and you have to stay home.
- If you begin to feel sick while at work, go home as soon as possible.
For more information, please visit www.cdc.gov/flu or call 1-800-CDC-INFO
This guide from Travelers, the insurance company for MJ Sorority clients, provides step by step instructions on how to develop a fire safety plan for your building.
This guide from Travelers, the insurance company for MJ Sorority clients, provides information for property owners on liability regarding sidewalks.