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
| Carrier | Off-Premises Coverage? | “Adventure” Exclusion? | Permit Check? |
| K&K | Yes | No | Yes |
| PHLY | Yes | No | Yes |
| NEXT | Yes | Potential Risk | No |
Step-by-Step Action Plan
- Scout the Route: Run it yourself the day before.
- The Briefing: Verbalize the hazards. “This is technical trail. Pick up your feet.”
- Waiver Update: Ensure it says “terrain, rocks, roots, insects, weather.”
- 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.