Outdoor Terrain: “Ankle Sprain on a Trail Run Session: Negligence in Route Selection.”

I took my run club off the pavement and onto a wooded trail. A client stepped on a tree root obscured by leaves, rolled her ankle, and tore three ligaments. She is suing for “Negligent Route Selection,” claiming I took beginners on an “advanced” technical trail without warning.

Key Takeaways

  • “Premises” vs. “Operations”: You don’t own the trail (Premises), but you chose the route (Operations/Professional). You are liable for the choice.
  • The “Terrain” Warning: Did your pre-run briefing include: “Watch for roots, rocks, and uneven ground”? If not, you failed to warn.
  • Government Immunity: You can’t sue the State Park easily. The client sues you because you are the only one with insurance.
  • Permits & Insurance: If you didn’t have a permit to train in the park, your insurance might deny the claim under “Illegal Acts.”

The “Why”: The Failure to Inspect

The Trap:
Professional negligence includes “Failure to Inspect the Venue.”
If you take clients onto a trail you haven’t scouted recently, and they get hurt by a known hazard (roots), you are negligent.
Furthermore, standard gym policies often restrict coverage to “Designated Premises” (the gym address). You need “Mobile / Off-Premises” coverage.

The Investigation: I Quoted 3 Major Carriers

1. K&K Insurance (Run Clubs)

  • My Analysis: They have specific policies for Running Clubs. They understand trail risks. They require waivers that specifically mention “natural hazards.”

2. Philadelphia (PHLY)

  • My Analysis: Their “Outdoor & Recreation” division covers this. They are less concerned about the specific root and more concerned about your supervision ratio (1 guide per 10 runners).

3. NEXT Insurance

  • My Analysis: I checked their “Personal Trainer” policy. It covers off-premises work, but the exclusions for “Adventure / Extreme Sports” could be triggered if the trail was deemed “rugged” or “technical.”

[IMAGE: Photo of a trail hazard with a red circle indicating the “Hidden Root”]

Comparison Table: Trail Run Liability

CarrierOff-Premises Coverage?“Adventure” Exclusion?Permit Check?
K&KYesNoYes
PHLYYesNoYes
NEXTYesPotential RiskNo

Step-by-Step Action Plan

  1. Scout the Route: Run it yourself the day before.
  2. The Briefing: Verbalize the hazards. “This is technical trail. Pick up your feet.”
  3. Waiver Update: Ensure it says “terrain, rocks, roots, insects, weather.”
  4. Carry First Aid: If you can’t treat the sprain on the trail (wrap/ice), you could be liable for “exacerbating the injury” during the hike out.

FAQ

Is trail running considered “Extreme Sports”?
Usually no, unless there is significant elevation change or scrambling.

Can I sign a waiver for the group?
No, every runner needs to sign.

What if a tree branch falls?
“Act of God.” Usually defensible, but you still need insurance for the defense costs.

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