General Liability Presentation - Administration - UNC Asheville

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General Liability Presentation - Administration - UNC Asheville Powered By Docstoc
					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
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
     Employee Liability, cont.
UNC System Supplemental Liability
  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
         Tort Claims Process
File incident report with Campus Police
Contact Office of University General Counsel &
 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

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)

UNC System excess liability policy
  $1 million deductible (Tort Claims Act)
  $10 million per employee
  $10 million per occurrence
  $25 million annual aggregate
State Employees Excess Liability Policy
 Injury to person or property caused by
 employee, volunteer or agent
 If, in course and scope of employment
 Professional liability
 Intellectual property infringements
 Physical therapists, athletic trainers,
 State Employees Excess Liability Policy

Fraud, corruption, actual malice, criminal
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
If UNC Asheville does not provide vehicle
and driver, students must provide own
DO NOT direct student(s) to drive others
(e.g., do not make them UNC Asheville’s
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
   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
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
           Off-Campus Travel

See travel policy and forms at:
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
Not used for UNC Asheville academically
required activities (e.g., chemistry labs,
Identification of activity
Time period, location
Detailed specification of possible injuries or
property damage
Authorization to obtain emergency medical
Release and hold harmless language
Clear statement that UNC Asheville does not
provide insurance coverage
Signature (parent/guardian if under 18)

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