Insurance policies, you need to read yours and stay in touch with your agent to make sure your insurance is covering you

Several examples of popped up recently where insurance companies have altered their policies leaving the OR industry in the rain

Insurance companies do not change their policies mid-term. However they do make changes to policies and as the policies renew, those new policies incorporate the new changes.

Here is an example.

Traveler’s issues worker’s compensation policies for the cycling industry. Recently the Traveler’s worker’s compensation policy excludes from the policy employees who participate in employer (retailer) sanctioned rides.

In this case, that means that you may get a new question before your renewal or just a denial in the mail leaving you hunting for a new worker’s comp carrier.

Obviously, this is a problem for those retailers that have Travelers.    Most insurance carriers do NOT “willingly” insure the general liability for shops that have shop/group rides.

Shop rides are one of the best ways to attract new customers and retain current ones. Having your employees on these rides is super important as it is the easy way to “soft-sell” new product. Likely, your shop employee will be riding the latest-greatest bike and will be able to address any question about your product line. If the prospective customer has a good time on the ride, they will come back. The more a rider on a shop ride shows up, the more likely that rider will end up being a customer.

So, the insurance industry must feel this is a risky activity.  Yes, there are some increased risks. Making sure your employees do not take any unnecessary risks is important to mitigating the workers compensation exposure.

Do Something

Like attorneys, you need to find a good insurance broker who understands your industry. Your friend down the street maybe great, however it is the little things that can leave you hanging. The more advanced notice you have about possible non-renewals the better chance you will have at getting a good policy if that happens.

Better still is to find an agent who works in your industry and is ahead of the problems finding solutions and letting you know about the issues before you receive the letter in the mail.

Thanks to Scott Chapin who provided this tip. Scott is a broker that specializes in insuring bicycle retailers.  Scott can be reached at: or through his website.

What do you think? Leave a comment.

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Copyright 2013 Recreation Law (720) Edit Law


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About these ads

If you want a safer bicycle helmet get one with MIPS

Some people like doing crazy things. And that’s the way we want to keep it. By absorbing the damaging rotational violence from a n angled fall, MIPS Protection System makes great helmets even more protecting.
Spacer MIPS AB, the patented Multi-directional Impact Protection System, will be launched in more than 20 new helmet models this year alone. MIPS will be available in helmets across all categories including road, mountain, commuter, youth and women’s bike helmets from 661, Fox, Lazer, POC, Scott Sports, Smith Optics, Sweet Protection, Triple 8, and more.

“Much like how airbags became a safety standard in cars, we see MIPS as an equally important safety component in helmets,” says MIPS CEO Johan Thiel. “For 2015, we are pleased to add several new brand partners and to expand the product offering with some of our long-standing customers.”

The MIPS brain protection system reduces rotational forces on the brain caused by angled impacts to the head. In a MIPS helmet, the shell and liner are separated by a low friction layer that lets the helmet slide relative to the head during impact. The MIPS design was inspired by the cerebral spinal fluid surrounding the human brain, which allows it to slide inside the head on impact. MIPS mimics this protective mechanism by giving the helmet its own low-friction layer which also slides to absorb much of the energy created by an angled blow to the head.


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Win Jens Voigt’s 2014 Tour de France Bike!

Jens Voigt’s 2014 Tour de France Bike to be Given Away through USA Pro Challenge Tour Tracker Sweepstakes

Fan Favorite Giving Bike to Fans During Final Professional Race

Woodland Park, Colo. (Aug. 22, 2014) –Trek Factory Racing’s Jens Voigt (GER) will be giving away the bike he rode during the 2014 Tour de France through a sweepstakes on the 2014 USA Pro Challenge Tour Tracker mobile app. Fans will have a chance to collect a piece of professional cycling history as Voigt hangs up his jersey and retires from the sport following the Pro Challenge.

“Yep, the Pro Challenge is my last race. I still can’t believe it myself,” said Voigt. “I’ve been a cyclist for 33 years…that’s been the most constant part of my life. It’s going to be a big chunk that’s closing. There are going to be a lot of challenges coming my way. It was a good career. I had some great moments. I met some of the greatest people in the world. I am thankful for the sport of cycling and what it gave to me.”

To enter to win the Trek Madone Team Edition bike Voigt rode in the 2014 Tour de France, fans can download the free USA Pro Challenge Tour Tracker mobile app on iTunes and Google Play. Then, click on the “more” button at the bottom of the screen and complete the entry form.




Entries will be accepted starting today (Friday, Aug. 22) through Sunday, Aug. 24 at 11:59 p.m. MT. Applicants must be over 18 years of age and a legal resident of the U.S. to win. The winner will be selected and notified on September 2. For full rules and details, please log on to

“I think I have a pretty good fan base in the U.S. and it just felt right to end my career here in Colorado,” added Voigt. “I am a big fan of the idea that you are the master of your destiny. I want to stop in good condition and put on a show one more time…finish feeling good and strong, knowing that I squeezed every little bit out of me.

About the USA Pro Challenge

Referred to as “America’s Race,” the USA Pro Challenge will take place August 18-24, 2014. For seven consecutive days, the world’s top athletes race through the majestic Colorado Rockies, reaching higher altitudes than they’ve ever had to endure. One of the largest cycling events in U.S. history and the largest spectator event in the history of the state, the USA Pro Challenge continues to set records in professional cycling by taking the riders to unprecedented elevations. Featuring a challenging course, the fourth annual race will spotlight the best of the best in professional cycling and some of America’s most beautiful scenery. More information can be found online at and on Twitter at @USAProChallenge.


AORE Student Literary Award Call for Manuscripts

A friendly reminder, the Association of Outdoor Recreation and Education (AORE) is inviting manuscript entries for the 2014 Outdoor Recreation and Education Student Literary Award for both graduate and undergraduate students. Winners receive a conference scholarship (in the form of a reimbursement). Selected manuscripts will be included in the 2014 Edited Papers (proceedings) of the AORE annual conference taking place November 12th – 14th in sunny Portland, Oregon.

Attached you will find the guidelines for submission. Manuscripts must be received no later than September 15th at 5pm PST. Please contact me at rjgagno with whatever questions you may have. Make it a great day!


Ryan Gagnon
Graduate Teaching and Research Assistant
Clemson University
Department of Parks, Recreation, & Tourism Management
“Remember that guy that gave up? Neither does anyone else.”

AORE Student Literary Award 2014 Guidelines.docx

Interested in great design and high tech….in a tent. Check this out from a friend and 20 year tent designer

Check out our latest mad project on Kickstarter now until September 15th:

Mike Cecot-Scherer

Inkling Incorporated

office & mobile: 303.413.9535

796 West Birch Court, Louisville, Colorado, 80027

Two wrongs don’t make a right—but three lefts do.

Altitude is more than you think. Even professional bike racers are worried about the altitude in Aspen

The conversation at the pre-race press conference and the press conference after stage one was the concern about the altitude.

Kiel Reijnen (USA) UnitedHealthcare Pro Cycling Team had this to say about the altitude

“I am by no means a pure sprinter, but this course is a bit of a slap in the face, what a tough way to start a stage race. It’s a really deceptive stage. It’s difficult to control and it’s really unpredictable. I’m still out of breath and it’s been more than an hour since the finish, and I was already at altitude to begin with.”

Alex Howes (USA) Team Garmin-Sharp

“I myself am a victim of the high altitude. It was pretty relaxed for the first third of the race, but that last lap really heated it up and it was just full gas from there on. You see a lot of punch and lift from riders toward the end, and that’s not really something you see at this kind of altitude. It’s pretty exciting to see that out here.”

Colorado Resident Kiel Reijnen Takes Stage 1 of the 2014 USA Pro Challenge

Crowds of Cheering Fans Lined the Streets of Downtown Aspen to Greet the Best Riders in the World

Aspen, Colo. (Aug. 18, 2014) – Set against the beautiful backdrop of Aspen and Snowmass, the 2014 USA Pro Challenge got off to an exciting start with a circuit race of three 22-miles laps that included 2,300 ft. of climbing per lap, creating an aggressive day of racing. Colorado Resident Kiel Reijnen (USA) of UnitedHealthcare Pro Cycling Team took home the stage win, which also puts him in the overall lead heading into the second day of racing.

“This stage was really exciting last year. It was a nail-biter and this year was the same,” said Reijnen. “The USA Pro Challenge is a huge goal for our team. Everyone is here watching and it’s really important to the team we do well here.”

In a close finish, Reijnen took the stage win, followed by Howes in second and Ben Hermans (BEL) of BMC Racing Team in third.

After the conclusion of the first stage of the USA Pro Challenge, Reijnen holds the Smashburger Leader Jersey, Lexus Sprint Jersey and, new for this year, the Colorado National Guard Best Colorado Rider Jersey . Jacques-Maynes has the Sierra Nevada King of the Mountains Jersey and Summerhill was awarded the FirstBank Most Aggressive Rider Jersey. Clement Chevrier (FRA) of Bissell Development Team has the Colorado State University Best Young Rider Jersey heading into Stage 2 tomorrow.

IMG_6199 IMG_6249 IMG_6293



75 Ft waterfall, middle of the night, no lights and a BAC of .18% results in two fatalities and one lawsuit. However, facts that created fatalities were the defense.

Tennessee’s duty to protect its citizens more than its duty to safety to invitees to its state parks is refreshing.

Morgan v. State of Tennessee, 2004 Tenn. App. LEXIS 62

State: Tennessee Court of Appeals

Plaintiff: Evelean Morgan

Defendant: State of Tennessee

Plaintiff Claims: negligently creating or maintaining a dangerous condition at Colditz Cove State Natural Area

Defendant Defenses: (1) Tennessee recreational use statute Tenn. Code Ann. § 70-7-102 (1995), (2) lack of actual or constructive notice of a dangerous condition, and (3) assertion that the decedent’s fault exceeded its own

Holding: For the Defendant State of Tennessee

Year: 2004

After the local bars closed the deceased and several friends went to a local state park to continue talking and drinking. The park was created because of the rock formations and the 75’ Northrup Falls. After taking and drinking in the parking lot, several members of the group decided to walk to the falls. The trail was primitive with no lights. One member of the group of five had a flashlight.

At a Y in the trail, two members of the group sat down to talk. The remaining three continued to walk. At one point, one person went into the bushes to pee and fell over the cliff on his way back. One member of the group sitting at the Y came down to assist. Later that same person decided to go for help, taking the flashlight with him.

The two remaining parties tried to start a fire to no avail. Eventually, the deceased, the daughter of the plaintiff in this lawsuit, also fell over the cliff. Approximately, an hour later rescue workers found the deceased floating in the water at the base of the falls. The deceased, the subject to this lawsuit had a blood-alcohol content of .18%

The mother of the deceased, the plaintiff, sued the State of Tennessee because the falls were a state park. In Tennessee this means filing a claim with the Tennessee Claims Commission. The claims commission commissioner reviewed the motions and granted the State of Tennessee’s motion for summary judgment. The plaintiff appealed. The commissioner’s decision was not based on the Tennessee Recreational Use Act but was based on the state’s defense of “(2) its lack of actual or constructive notice of a dangerous condition, and (3) its assertion that the decedent’s fault exceeded its own

Several states employ a separate state agency to handle claims against the state. The commissioner or judge hearing the claims is usually an attorney, called an administrative law judge. These judges operate with a separate set of rules of civil procedure and sometimes rules of evidence. The entire procedure is controlled by the statute that outlines how the state may be sued.

Summary of the case

The appellate court first looked at the Tennessee Recreation Use Act to see if it applied to this case. For the plaintiff to defeat the recreational use act, she must:

(1) prove that the defendant is not a “landowner,” (2) prove that the injured party was not engaged in a recreational activity, or (3) prove that the landowner’s conduct fits within one of the three exceptions in Tenn. Code Ann. § 70-7-104.

The court quickly determined that Tennessee was a landowner and that hiking and/or sightseeing (at night) was a recreational activity. The third issue was whether an exception to the act applied to the case. The sole exception argued by the plaintiff was the actions of the state were gross negligence.

Under Tennessee’s law, gross negligence is defined as:

… negligent conduct reflecting a reckless disregard for the safety of others. It does not require a particular state of mind as long as it creates an extremely unjustified risk to others. It differs from ordinary negligence only in degree, not in kind. Thus, gross negligence is a negligent act or failure to act that reflects more than lack of ordinary care (simple negligence) but less than intentional misconduct.

Ordinarily, the determination of whether a defendant’s actions were gross negligence is a factual determination, which can only be done by the trier of fact or a jury. However, if the facts are not in dispute and conclusions reasonable drawn from the facts would only lead to one conclusion; a court can determine if the acts rose to the level of gross negligence.

We find no evidence in this record upon which a reasonable person would conclude that the State was grossly negligent with regard to the construction or maintenance of the Colditz Cove State Natural Area.

The court then made a statement that places Tennessee in the minority, that the protection of the natural area in this case takes precedence over the safety issues.

The State had a statutory obligation to maintain this area in a pristine, natural condition. Erecting warning signs, installing lighting along the trails, fencing the entire area, or installing guard rails, barriers, or other sorts of buffers, while perhaps appropriate at Dollywood, would have been entirely unwarranted and unnecessary for a natural area such as Colditz Cove.

The court held that the recreational use act applied, and the plaintiff had not raised any defenses to its application.

The court then looked at the second issue, whether the state met the ordinary reasonable person standard of care for a landowner.

The State is not the insurer of the safety of persons on its property. It is, however, liable to these persons to the same extent that private owners and occupiers of land are liable, because Tenn. Code Ann. § 9-8-307(a)(1)(C) has imposed this common-law duty on the State. Tenn. Code Ann. § 9-8-307(a)(1)(C) provides that the State may be held monetarily liable for negligently created or maintained dangerous conditions on state controlled real property.

The state, as a landowner, has a duty to exercise reasonable care to prevent foreseeable injuries to persons on the premises. To prevail, the plaintiff must prove the actions leading to the fatality were a reasonably foreseeable probability. The court found this had not been proven.

The record contains no factual, legal, or policy basis for concluding that the State should have foreseen that intoxicated persons that were unfamiliar with the Colditz Cove State Natural Area would hike down the trail to Northrup Falls in the middle of the night without adequate illumination.

The final argument made by the plaintiff was the state’s gross negligence was greater than the negligence of the deceased. Having found the state was not grossly negligent, this argument also failed.

Ms. Zegilla’s [deceased] voluntary intoxication on the evening of July 26, 1997 does not relieve her from the responsibility of her own negligence. She was required to use reasonable care under the circumstances, and her conduct must be measured against the conduct of an ordinary, reasonable person rather than an ordinary and reasonable intoxicated person. Accordingly, if her conduct while intoxicated was a proximate cause of her death, it may be compared with the fault of the other parties whose fault was also a proximate cause.

It cannot be reasonably disputed that Ms. Zegilla was intoxicated when she arrived at Colditz Cove State Natural Area after midnight on July 26, 1997. Even though she had never visited the natural area before, she decided to venture into a wooded area down an unfamiliar, rough foot path in the dark. After one of her companions fell to his death, she continued to walk around in the darkness even though she must have known that danger was close at hand. As tragic as her death is, the only conclusion that reasonable persons can draw from these facts is that her fault far exceeded any fault that may reasonably be attributed to the State.

The plaintiff failed to make any arguments that the state could be held liable for the death of her daughter.

So Now What?

State statutes that outline the procedures for a claim against a state are so varied; it is difficult to rely on any decision on this issue. Similar arguments can be made when reviewing a state’s Recreational Use Statute.

However, here, the State of Tennessee did nothing to cause injury to the deceased. More importantly for future generations, the state does not have to destroy its natural areas to prevent drunks walking around parks at night from getting hurt.

What do you think? Leave a comment.

If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn

Copyright 2014 Recreation Law (720) Edit Law


Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law


Mobile Site:

By Recreation Law              James H. Moss               #Authorrank

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#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom,, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Colditz Cove State Natural Area, Recreational Use, Recreational Use Statute, Tennessee, Gross Negligence, Landowner,



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