By Todd Duncan, Law Enforcement and Safety Specialist
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This month’s Safety Short will highlight two NIRMA sheriffs in recognition of their proactive and collaborative approach to risk management and loss prevention. Buffalo County Sheriff Neil Miller and Custer County Sheriff Dan Osmond both recently investigated unexpected deaths, one in a county facility, the other on a county roadway. While there was no indication of negligence or wrongdoing on the part of the county in either case, both sheriffs recognized the potential liability exposure to their respective counties, notified NIRMA immediately, and shared preliminary details of the events as required by the county’s coverage agreement with NIRMA. The sheriffs also agreed to create a file for NIRMA containing copies of all agency reports and recordings related to the incidents. The importance of counties notifying NIRMA as soon as possible when a person is seriously injured or dies while in custody, on county property, or as the result of a crash on a county roadway regardless of the circumstances cannot be overstated.
It is also essential that agencies create a file for NIRMA that contains copies of all reports and recordings as soon as practicable in these situations. First, it can be very difficult to gather important details about these events months or years later when documents have been misplaced, recordings have been deleted, and memories have faded. Another challenge is created when an outside agency such as the State Patrol has been asked to conduct the investigation and takes possession of the county agency’s reports and recordings. In these cases, the outside agency is often unwilling to share reports and recordings with NIRMA that are critical to defending the county should a claim arise later.
With respect to serious injury or fatal crashes on county roadways, it is important that sheriffs notify their county roads department as soon as possible so roads personnel with expertise in roadway engineering and design can conduct a secondary investigation of the crash scene to document roadway factors that may or may not have contributed to the crash.
Even though there is no indication that either of the abovementioned incidents will result in a claim or lawsuit, any event where someone is seriously injured or dies in county custody, on county property, or on a county roadway creates a significant liability exposure to the county. One of the first lines of defense in these cases is to thoroughly document the incident from all angles, preserve all documentation and recordings, and notify NIRMA as soon as possible.
Thank you, Sheriff Miller and Sheriff Osmond, for your continued leadership and taking a proactive approach to loss control and risk management.
Please contact Todd at 531-510-7446 or tduncan@nirma.info if you have any questions or to request training.
