Public Entity Risk Control News: Managing Risk, Storm Season, Public Entity Firework Safety

Whether you’re concerned about the burden of managing risks around your public entity, upcoming parade safety, being prepared for hurricane season of 2025, or public entity firework safety, Trident Public Risk Solutions offers valuable resources to help you get ready for the future.

Managing Risk

Storm Season

Parade Safety

Public Entity Firework Safety

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Managing Risk: Prevention, Claim Management & Risk Transfer

From slip and falls on public sidewalks to police action shootings, governmental entities are burdened with a variety of risks. To deal with this burden, entities look to either avoid, finance, or control risks. While avoidance is always best, certain risks must be undertaken to make a community a livable place.

Public entities could avoid the risk of people being injured in a park by not having a park, or avoid hitting mailboxes with snowplows by not blowing the streets. These solutions are impractical for a public entity, and the community would suffer. Financing risk through insurance or self-insured status, while a necessity, is often a burden on taxpayer dollars. Controlling risks, therefore, is often the most cost-effective way to deal with the burden of the risks facing a public entity.

Controlling government risks generally involves three prongs: prevention, claim management, and contractual risk transfer.

When hiring contractors, it is good practice to make sure they have applicable insurance, and it is required that your entity be named as an additional insured per the contractor’s policy. Insist on hold harmless and indemnification provisions in any contract. State laws vary on the language needed to make these provisions enforceable, so be sure to consult your attorney to ensure that the language is correct.

In conjunction with hold harmless and indemnification provisions, waivers and exculpatory clauses can be valuable tools. An exculpatory clause allows a party to contract away its negligence. The enforceability of these clauses varies significantly among jurisdictions, so again, an attorney should review the contract/waiver.

Minors cannot generally waive their rights, and in some jurisdictions, parents cannot do so either. Therefore, a parent or guardian must agree to indemnify the entity for any injury claimed by their child. That way, the child is suing their parent instead of the entity.

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Prepare Property Now as Storm Season Approaches

The 2025 hurricane season in the Atlantic is predicted to be above average, with various forecasts for as many as 18 hurricanes, with up to 5 becoming major hurricanes. These numbers are similar to what occurred during the 2024 storm season, which resulted in an estimated $500 billion in total damage and economic loss. Estimates had municipal property accounting for about 20% of that figure. With increasing construction costs, this figure could be even higher this season.

From a property protection standpoint, many public entities are at a disadvantage as the majority of emergency preparedness and response budgets are allocated to equipment, supplies, and staffing versus preventative care for their property. Ensuring public safety is the top priority, and therefore, building maintenance is sometimes overlooked during budget season.

Additionally, all public entities prepare for emergencies and respond to their community during extreme weather events, but not all are fortunate enough to have dedicated facilities maintenance staff who can provide preventative maintenance and respond promptly if their buildings are compromised. However, despite these factors, storm season is coming, and preventative maintenance can be the key to limiting costs.

Emergency shelters such as community centers, recreation centers, schools, and emergency equipment storage facilities should be prioritized when prioritizing storm season-related building maintenance. But no matter what part of the county you live in, ultimately, all buildings require maintenance, and all buildings should be inspected. 

5 Maintenance Items to Prioritize for Storm Season

• Building Inspections
  • Determine if there are any ways for wind-driven rain to enter the building. Look for damaged siding, cracks in the foundation, holes in the brick or block mortar, settling cracks, foundation cracks, etc.
  • Inspect inside to determine if there are any obvious signs of water penetration, such as stained ceiling tiles or bubbled or blistered paint. Replace siding, caulk windows, and repair mortar as needed.
• Tree Maintenance
  • Trim trees away from buildings that could damage siding or the roof during heavy winds or if a limb falls.
• Secure Items
  • Secure any items stored outside that could be moved during heavy winds, such as portable grills, pallets, storage bins, garbage cans, etc.
• Conduct roof inspections
  • Have a professional roofing company inspect your roofs.
  • Prioritize older roofs and flat roofs.
  • The inspector can evaluate the condition of the roof and make any repairs on the spot if needed. The inspector can also ensure that roof drains are cleared and working properly.
  • A regular roof inspection is critical to preventing costly water damage.
• Evaluate your electrical system
  • During weather events, power surges and lightning strikes can damage electrical equipment. If it has been a while since you have had any electrical upgrades to panels, sub-panels, or wiring, a certified electrician should evaluate your system and upgrade panels and surge protection where appropriate.
  • Older buildings without any recent upgrades should be prioritized. Keep in mind that many older electrical systems were not designed for use today with technology demands and therefore could be insufficient and at risk of fire. 

Establish relationships with good vendors who can help you maintain your property, provide preventative maintenance, and respond to emergencies if needed. For additional information on hurricane precautions, click here.

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Parade Safety for Public Entities

Every public event or parade must have good planning to control liabilities, prevent accidents, and curb the lawsuits that could result from haphazard organization. It requires plenty of communication among all parties involved: float operators, vendors, maintenance personnel, security officials, emergency response personnel, and more. Ensuring that the proper measures and procedures are put in place will help make the event safer and more successful. Here is a detailed breakdown of parade safety tips for parade organizers.

Parade Safety for Parade Organizers and Participants:

• Develop a comprehensive safety plan:
  • This should include traffic control, law enforcement, emergency protocols, and participant guidelines.
• Provide clear instructions to participants:
  • Communicate safety guidelines, parade route, and designated areas.
• Applications for participants:
  • These include hold harmless agreements, waivers of liability, and insurance limits equal to that of the Parade Organizer Entity, also naming them as additional insured.
• Ensure vehicles have safety belts and a secure passenger compartment:
  • This is especially important for transporting passengers on floats or vehicles.
• Cover open wheel wells:
  • Cover with cardboard/décor. No wheels should be left open, which would allow children to get injured.
• Participants should not leave floats or vehicles prior to the end of the parade route:
  • No switching between riding and walking should be allowed.
• Participants should yield right-of-way to emergency vehicles:
  • This is a critical safety measure.
• Wear helmets if required:
  • Helmets are mandatory for riders/passengers under 18 on scooters, go-karts, motorcycles, ATVs, or similar vehicles.
• Manage the crowd effectively:
  • This includes controlling and directing the movement of spectators, as well as preventing overcrowding and congestion.
• Establish perimeters and barricades:
  • This helps create a safe zone for spectators and participants.

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Public Entity Firework Safety for Special Events

Public Entity Firework Safety Tips

Follow these public entity firework safety tips so everyone can enjoy the Firework Show!

• Develop a comprehensive safety plan:
  • This should include traffic control, law enforcement, emergency protocols for fire/injuries, and issue guidelines for participants and attendees.
• Fireworks vendors:
  • Contracts should include hold harmless agreements, waivers of liability, and insurance limits equal to that of the Entity, also naming them as an additional insured.
• Safe Distance:
  • Maintain a minimum distance of 500 feet from the launch site for public displays and 35 feet for ground-based fireworks, increasing to 150 feet for aerial fireworks.
• Protective Eyewear:
  • Wear eye protection when handling or being near fireworks.
• Clear Area:
  • Use fireworks in a clear, open area away from buildings, vehicles, shrubbery, and dry grass.
• Never Re-light Duds:
  • Do not attempt to relight fireworks that have not fully ignited.
• Water Source:
  • Keep buckets of water and hoses nearby in case of accidents. Ideally, the local fire department should be on hand to manage any unforeseen incidents.
• Alcohol and Fireworks:
  • Contractors should not drink alcohol while handling or using fireworks.
• Emergency Procedures:
  • If an eye injury occurs, don’t rub or touch it, don’t flush with water, and seek immediate medical attention.
• Firework Debris:
  • Do not pick up firework debris after a display; they may still be hot or contain “live” components. Let the professional vendor(s) be responsible for cleanup as part of their contract.
• Adult Supervision:
  • Always have adult supervision for children when at fireworks displays.
• Pet Safety:
  • Encourage attendees to keep pets indoors or on leashes and to help them stay calm during fireworks displays.

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Want even more resources? Check out Trident’s full selection of resources for your public entity here.

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No matter the challenges that your public entity will face in the future, Trident is here to help you manage risks for your public entity, prepare for the 2025 hurricane season, or establish public entity firework safety.