APPENDIX E
A Note About Liability Concerns
The following considerations may provide some assistance in crafting a liability prevention protocol for the CPS inspection station. However, it is advisable to consult with an attorney and insurance carrier knowledgeable and experienced in liability/risk-reduction issues for specific guidance. If the CPS inspection station is part of a larger network of inspection stations, be sure that every station is following the same written procedures.
- Provide Accurate and Current Information: All information distributed at CPS inspection stations should come from credible sources and reflect current traffic safety issues and technologies. Contact the state occupant protection coordinator to determine what materials are recommended for distribution. There are also tools available to review and evaluate CPS materials:
NHTSA and the National Safety Belt Coalition (1997; revision in progress) – Is this child on the road to danger? Child passenger safety materials review and evaluation tool. Washington, DC: NHTSA. [Contact the NHTSA Regional Office, Appendix C]
AAA Foundation for Traffic Safety (2002) – Seated for Safety Evaluation Tool. Newton, MA: Education Development Center, Inc., as prepared for AAA Foundation for Traffic Safety (www.aaafoundation.org).
- Teach Correct Installation and Use of Child Restraint Systems: The most critical role at a CPS inspection is played by the parent/caregiver. Parents and caregivers that attend an inspection event want to be sure that their children are properly restrained and well protected. The objective of every CPS inspection service should be to teach parents and caregivers how to safely transport their children using the appropriate child safety seat or safety belt correctly. The inspection should include a one-on-one tutorial by a certified CPS technician that provides hands-on instruction on the proper us and installation of child restraints. The parent/caregiver should always be the last person to touch the child safety seat before the vehicle leaves the CPS inspection station.
- Certified CPS technicians should encourage parents to consult their vehicle owner’s manual and the child safety seat instructions to help answer specific questions. Technicians should check each seat for possible recalls using the most current recall list available. An updated recall list can always be downloaded from the NHTSA website www.nhtsa.dot.gov. Technical questions can also be referred to the Department of Transportation’s Auto Safety Hotline (1-888-DASH-2-DOT, or 1-888-327-4236).
- Be Consistent with All Inspection Procedures: Inspection station staff should be clear about their roles prior to each inspection event. The coordinator will insure that all roles are covered and that all necessary materials and equipment are readily accessible. When possible, a lead CPS technician should be responsible for quality control of the inspections conducted. The lead CPS technician should check each seat and review and approve each data collection form before a family leaves the inspection station. Consistent use of a standardized CPS checklist will help insure the quality of every CPS inspection. Most standardized checklists require that the parent/caregiver sign the form to acknowledge the advice, education and information they have received. Most standardized forms include a waiver/release of liability that has been carefully crafted by a knowledgeable attorney. Completed forms should be collected and retained by the coordinator.
- Have a Clear Written Policy About Replacement Seats: All staff should be aware of the written policy for replacing child safety seats and disposing of old, damaged or recalled seats. The policy should specify whether replacement seats would be provided without charge, with a requested donation or for a purchase price, and describe the process for disposing of damaged or unsafe seats. The coordinator should insure that there are a variety of child safety seats available as replacement seats. If a replacement seat is provided, the parent or caregiver should complete the product recall registration card before leaving the inspection station. The coordinator should mail all completed cards immediately so that, in the event of a recall, the child safety seat manufacturer can notify the parent or caregiver. If replacement seats are not supplied, it is advisable to provide an accurate list of community resources that offer child safety seats for families in need.
- Make Safety a Priority: The traffic coordinator should ensure that vehicles and people are able to move safely in and around the CPS inspection station. The safety of young children should be a top priority.
The sponsoring organization or site host may have additional considerations to insure that CPS inspections are conducted in a safe, consistent and professional manner. Be sure to communicate all requirements and procedures to every staff member (paid and volunteer) participating in CPS inspection activities.
Liability Coverage: There are several options for obtaining liability insurance to cover CPS inspection stations. Again, it is advisable to first consult the sponsoring organization to determine how liability protection will be addressed. The following are the most common types of coverage used by CPS inspection stations:
- State Law: Many states have a “Good Samaritan” law that may cover the type of services provided by the CPS inspection station. In addition, several states have enacted “CPS services immunity” laws to specifically cover certified CPS Technicians. Consult the state occupant protection coordinator to determine whether such laws exist in your state.
- General Policy: The activities of the CPS inspection station may be covered under the general insurance policy (or through an additional rider) of the sponsoring organization. Consult with the sponsoring organization about specific terms and conditions.
- Special Policies for National Organizations: Some national organizations that conduct a large amount of CPS inspections have secured special liability coverage for their members. If the CPS inspection station is being sponsored by a national organization, it may have liability protection under such a policy. Consult with the sponsoring organization about specific terms and conditions.