The Nonprofit:
A nonprofit operated an adult daycare facility that provided supervised enrichment activities and transportation for people with a range of physical and mental disabilities.
The nonprofit also offered training and respite services for caregivers.
The Incident:
One day, a group of approximately 10 adult clients and four staff members left the nonprofit’s facility in the organization’s 15 seat van for an outing to an ice cream parlor followed by a movie.
Among the clients was a nonverbal man with mobility issues. A safety plan on file for the client noted that one to one assistance was recommended when he was walking.
When the group arrived at the movie theater, two staff members began helping clients exit the van while the other two focused on setting up a wheelchair for another client. The wheelchair was new and unfamiliar to staff, and they experienced difficulty prepping it for use.
When a third staff member went to help troubleshoot the wheelchair, it left one staff member supervising all the clients alone. During that time, the nonverbal client moved away from the group and tripped over a concrete parking barrier.
The client was transported by ambulance to the hospital, where it was determined that he had sustained a knee injury severe enough to require orthopedic surgery, as well as rehabilitation and physical therapy.
The Legal Action:
Following the incident, concerns were raised about the nonprofit staff’s supervision and how the injury occurred, based on the client’s known needs and safety plan.
The Coverage:
The nonprofit reported the incident to its insurance broker, who initiated the claims process for the organization’s Social Service Professional (SSP) policy with Nonprofits Insurance Alliance (NIA).
NIA’s claims examiners reviewed the incident details, staff accounts, documentation, and the client’s safety plan.
The Result:
Based on a review of the incident, the nonprofit’s actions, the location/surrounding environment, and the client’s documented supervision needs, NIA’s claims examiners determined that there was potential exposure.
NIA then worked with the family’s legal representatives to address the client’s medical treatment needs and related considerations, and the matter was resolved through settlement.
Things the Nonprofit Did Well:
The nonprofit had a documented safety plan on file for the client, which outlined his mobility needs and recommended one to one assistance when walking.
The organization also maintained procedures around transportation, training, staffing assignments, and records that allowed the incident to be reviewed in detail.
These records helped establish who was present, what equipment was involved, how supervision was structured, and other potential factors at the time of the outing.
How Can Your Nonprofit Protect Itself?
Nonprofits that support people with disabilities often balance supervision duties, transportation logistics, varying accommodations, and adaptive equipment in dynamic settings. Some organizations consider how supervision plans translate outside the facility, especially during outings or transitions.
This can include reviewing how safety plans are implemented in practice, evaluating how staff is trained, ensuring teams are familiar with adaptive equipment, and confirming that supervision ratios remain appropriate during loading, unloading, transit time, and other high risk moments.
Clear documentation, staff training, compliance, and communication can help organizations understand how incidents occur and support thoughtful responses when something goes wrong.
NIA Resources:
Nonprofits insured by NIA have access to My Risk Management Plan, an online set of tools designed to help organizations develop a risk management plan tailored to how the organization operates and defines its goals.
NIA also provides insured nonprofits with access to a library of risk management e-books addressing specific types of risk.
For organizations that host events, this includes “Sound Advice for Functions and Events: Tips for Staging Safer Special Events,” which is available online and in PDF format.
From the Claims Files stories are for general information only. They are simplified examples and do not guarantee coverage, a defense, or any specific outcome. Some losses described in this series may not be covered.
Coverage depends on the specific facts and on the terms, conditions, and exclusions in your policy. Contact your insurance broker or agent for guidance, and follow your policy’s claims reporting procedures if an incident may involve a claim.
This story is not legal, medical, financial, or professional advice. In an emergency, contact local emergency services first. Any risk management practices mentioned are general suggestions and may not apply to every nonprofit. Follow all applicable laws, licensing rules, and reporting requirements.
