During a recreational adult hockey league practice, the goalie skated backward into the crease after a drill and grabbed the top crossbar of the net while stretching and joking with other players. The ice had recently been resurfaced, and the net had not yet been properly secured to the ice. As the goalie leaned his body weight onto the frame, the goal tipped backward and struck him. In a negligence claim between the goalie and the arena, which team takes the blame?

Notable Timestamps

[ 01:03 ] - Establishing negligence requires meeting four elements, which include having a duty owed, a breach of that duty, a proximately caused injury, and damages.

[ 02:20 ] - Even when negligence is successfully established during litigation, there are still potential defenses available, such as assumption of risk and contributory negligence.

[ 04:50 ] - The assumption of risk doctrine might still apply even if a player is violating a rule during a game, as participants generally expect potential injury during physical activities.

[ 07:11 ] - Some states utilize contributory negligence, which can technically bar a plaintiff from any recovery if they are found to have contributed at all to the incident.

[ 11:03 ] - Comparative negligence rules vary, with some states allowing recovery if a person is up to 50% liable, while others require the individual's negligence to be 49% or less.

[ 11:51 ] - Under a pure comparative standard, an injured person who is found to be 90% at fault for an incident can still recover the remaining 10% of their respective damages.

[ 14:34 ] - In cases involving severe injuries, juries can sometimes be influenced to make decisions inconsistent with the letter of the law.

[ 16:29 ] - The outcomes of these negligence defenses heavily depend on the specific state where the case is taking place, the laws that apply, and the overall makeup of the jury pool.

Your PLRB Resources

Negotiation Strategies in Bodily Injury Claims
https://members.plrb.org/education/courses/negotiation-strategies-in-bodily-injury-claims

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Legal Information

The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.

Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License.
Font: Metropolis by Chris Simpson. SIL OFL 1.1.
Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).

As a claims executive leader, Awais Farooq built and oversaw coverage frameworks, liability investigations, reserve governance, and total loss protocols. He believed that institutional fluency would make his own claim predictable. Then he struck a deer on his motorcycle and suffered a significant leg injury. His claim was segmented across bodily injury, property damage, and total loss. Each function operated correctly. Yet without a single point of ownership, the experience felt operationally sound but emotionally fragmented.

Notable Timestamps

[ 00:37 ] - Awais Farooq experienced a motorcycle accident that resulted in a claim that was handled with operational soundness but felt entirely emotionally fragmented.

[ 04:29 ] - The accident occurred close to home when Awais encountered a deer on the road, attempted to turn around to avoid it, but unfortunately crashed into another deer.

[ 06:24 ] - Despite the insurance company being highly digitally advanced with text message communications, Awais had to navigate three separate adjusters who did not communicate with one another.

[ 08:01 ] - A major gap exists in the insurance industry where automation and process improvements often overlook the end consumer, losing track of the primary goal to restore the person completely.

[ 12:52 ] - Awais channeled his frustrations into writing a book titled The Future Isn't Fully Automated, which explores how technology must integrate with essential human connection in claims.

[ 13:39 ] - The claims journey consists of information gathering, documentation, and decisioning; streamlining the first two phases can empower adjusters to focus primarily on delivering decisions.

[ 15:00 ] - Awais discusses the possibility of an individualized user experience akin to Amazon, ensuring that claimants have a single point of contact rather than feeling like one of millions of claims.

[ 17:00 ] - A technically compliant claim can still fail the human experience test.

Your PLRB Resources

https://www.linkedin.com/in/awais-farooq/

Subscribe to this Podcast

Your Podcast App - Please subscribe and rate us on your favorite podcast app

YouTube - Please like and subscribe at @plrb

LinkedIN - Please follow at "Property and Liability Resource Bureau"

Send us your Scenario!

Please reach out to us at 630-509-8704 with your scenario! This could be your "adjuster story" sharing a situation from your claims experience, or a burning question you would like the team to answer. In any case, please omit any personal information as we will anonymize your story before we share. Just reach out to scenario@plrb.org.

Legal Information

The views and opinions expressed in this resource are those of the individual speaker and not necessarily those of the Property & Liability Resource Bureau (PLRB), its membership, or any organization with which the presenter is employed or affiliated. The information, ideas, and opinions are presented as information only and not as legal advice or offers of representation. Individual policy language and state laws vary, and listeners should rely on guidance from their companies and counsel as appropriate.

Music: "Piece of Future" by Keyframe_Audio. Pixabay. Pixabay License.
Font: Metropolis by Chris Simpson. SIL OFL 1.1.
Icons: FontAwesome (SIL OFL 1.1) and Noun Project (royalty-free licenses purchased via subscription).
Sound Effects: Pixabay (Pixabay License) and Freesound.org (CC0).