Legal Topics Workshop
General Liability
Presented by:
University General Counsel
Lucien “Skip” Capone III
April 5, 2011
Topic List
Employee Liability
Tort Claims
Workers’ Compensation
Insurance
Off Campus Travel
Use of State Vehicles
Waivers of Liability
Employee Liability
Defense of State Employees Act— N.C. Gen. Stat. 143-
300.2 et seq.
The Office of NC Attorney General represents
State employees (on State payroll) for their
action/inaction arising out of the course and
scope of their employment
Limited to a maximum of $1 million(under Tort
Claims Act)
Employee’s negligent action or inaction within
course and scope of his/her employment--N.C.
Gen. Stat. 143-300.6(a)(ii)
Does not apply if intentional, gross negligence,
or outside scope of employment— personal
liability
Employee Liability, cont.
UNC System Supplemental Liability
Insurance
Maximum of $10 million
Excludes medical malpractice
University must pay first $150,000
Negligent hiring, training or supervision
Tort Claims
State agencies (including UNC Asheville) are not liable
for injuries to third parties, except to the extent allowed
by the Legislature.
NC Tort Claims act waives that immunity for injuries or
property damage caused by the negligent acts or
omissions of a UNC Asheville employee in the course and
scope of his or her employment, up to $1 million per
incident (e.g., van crash-5 dead, only $1 million total).
3 year statute of limitations – claim file with Industrial
Commission
Tort Claims Process
File incident report with Campus Police
Contact Office of University General Counsel &
provide
Written description of what happened
Copies of medical bills
Copies of damage estimates
Any other supporting documentation
University General Counsel and the Campus
Police investigate claim and send report to
Attorney General’s Office
AG’s Office makes final determination
Workers’ Compensation
An employee injured in the course and scope of
employment should file a workers’ compensation
claim NOT a tort claim! BUT
An employee who incurs property damage due to
fault of UNC Asheville may file a tort claim.
Workers’ Compensation, cont.
Workers’ Comp pays even if employee
was negligent
Must report injury to supervisor, ASAP–
see policy #40
Supervisor reports to Campus Police and
Human Resources
Insurance
University is “self-insured”
Not permitted to buy insurance, except:
State vehicles
Medical malpractice
“Special” policies (e.g., art)
Students who buy their own medical and
liability coverage (including internships
and service learning)
Insurance
UNC System excess liability policy
Limits
$1 million deductible (Tort Claims Act)
$10 million per employee
$10 million per occurrence
$25 million annual aggregate
State Employees Excess Liability Policy
Coverages
Injury to person or property caused by
employee, volunteer or agent
If, in course and scope of employment
Professional liability
Intellectual property infringements
Defamation
Physical therapists, athletic trainers,
nurses
State Employees Excess Liability Policy
Exclusions
Fraud, corruption, actual malice, criminal
acts
Conflict of interest with state
Workers’ comp, unemployment, disability
Environmental, asbestos, nuclear, fungus,
mold, war and terrorism
Medical malpractice
Sexual misconduct
Student Off-Campus Travel
Students may not drive state vehicles,
unless they are UNC Asheville employees
on payroll, and acting within their job
responsibilities
If UNC Asheville does not provide vehicle
and driver, students must provide own
transport
DO NOT direct student(s) to drive others
(e.g., do not make them UNC Asheville’s
agent)
New policy on 15 passenger vans (Jan. 2004)
Special training, license, inspections, etc.
Student Off-Campus Travel
Remote Site Issues
Liability to students
Not guarantors of health or safety
But, must exercise reasonable care
Give full and adequate warnings
Waivers (primarily educational)
Encourage students to have health insurance
Liability for students’ wrongful acts
UNC Asheville not liable unless student is our
agent
But, please supervise!
Employee Off-Campus Travel
UNC Asheville policy requires that employees
first seek the use of a state vehicle
If state vehicle used then state auto insurance
applies
If personal vehicle used then property damage
and injury to non-employees will not be
covered by state policy; may be covered by
personal auto insurance
Personal injury to employees might be covered
by workers’ compensation (depending on
circumstances)
Off-Campus Travel
See travel policy and forms at:
http://www2.unca.edu/policies/3.pdf
and, http://www2.unca.edu/controller//Travel.html
Waivers
When needed?
For use of UNC Asheville facilities by
unaffiliated persons or groups
For off-campus events
For high-risk on campus events (e.g., club
sports)
Not used for UNC Asheville academically
required activities (e.g., chemistry labs,
internships)
Waivers
Identification of activity
Time period, location
Detailed specification of possible injuries or
property damage
Authorization to obtain emergency medical
treatment
Release and hold harmless language
Clear statement that UNC Asheville does not
provide insurance coverage
Signature (parent/guardian if under 18)
QUESTIONS?