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Business law - Essay Example

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Name Subject Date Risk management: case study of Heenan v. Comcast spectator case The process of identification, analysis and prioritizing risks superseded by minimizing, reducing, monitoring and controlling the probability of an occurrence from happening that may disorient a sport business is known as risk management…
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Download file to see previous pages There are three main factors to be considered in securing a safe venue; getting a proper developing, implementing and managing (D.I.M.) process, obeying standards of practice and dealing with crowd management (Matt 2012). The D.I.M. process begins with identification of risks and categorizing them followed by classifying the risks depending on their severity and lastly selection of a risk treatment method. Treating risks is done in four ways; risk avoidance, risk transfer, risk retention and risk reduction (Matt 2012). Risk avoidance is done through discontinuation of the program or lack of inclusion of the content. Risk transfer is done through hiring of a third party and ensuring they sign a waiver thus limiting liability .Risk retention is carried out through the company retaining the risk and taking up responsibility for compensation of injuries or financial risks occurred. Risk reduction is done through immediate implementation which is crucial since it is done after risk identification to lessen the impact of a lawsuit. Employee involvement is recommended together with written documentation on the happenings.in large scale venues, it is cost effective to hire a risk manager to oversee the plan so as to reduce liabilities resulting in repeat customers. Standards of practice are safety codes representing opinion consensus with the approval of an industry’s professional segment. They are requirements needed of an establishment and minimize liability associated with negligence when adhered to and increase liability when disregarded by the defendant. Crowd management is a fundamental aspect of risk management since it helps in the provision of a safe and enjoyable event. This means management of guests’ movement, emergency assistance and accommodation of special needs guests. There are six elements in crowd control and handling; clear signage for ease of movement, staff training on dealing with any happening, good communication system, emergency action plan, written policies regarding intoxicated patrons with disruptive behavior and implementation and evaluation of plans after every event (Matt 2012). These steps help in maximizing risk reduction when implemented correctly. Negligence has been the root cause of risk management cases causing ripples in the sport industry like the example below was due to failure to provide a secure and safe environment. In the December of 2002,Michelle Heenan, a single 39 year old North Philadelphia resident who worked as an administrative assistant at a local hospital, together with company went to attend a Guns n Roses concert at the Wachovia center, previously known as the First Union center. Slightly after 11pm, after a few curtain raising acts an announcement was made that the main act would not perform thus the show was cancelled. The irate fans vented their anger by throwing food and drinks from the upper decks everywhere (Matt 2012). On sensing the lurking danger, this being a rock crowd, Heenan ran towards the nearest exit and in the process, got caught up in the frenzy, fell and ended up injuring her ankle which got a plate and three screws inserted. Her injuries cost her two months of work and permanent inability to participate in activities such as skiing and rollerblading. Heenan filed a suit against Comcast Spectator and Spectrum Arena ...Download file to see next pages Read More
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