Herberchuk v. Essex County 4H Club Camp, Inc. et al., 1999 Mass. Super. LEXIS 99

Herberchuk v. Essex County 4H Club Camp, Inc. et al., 1999 Mass. Super. LEXIS 99

Alicia Herberchuk v. Essex County 4H Club Camp, Inc. et al.

96-4863

SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX

1999 Mass. Super. LEXIS 99

March 11, 1999, Decided

JUDGES: [*1] Raymond J. Brassard, Justice of the Superior Court.

OPINION BY: RAYMOND J. BRASSARD

OPINION

MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

Plaintiff, Alicia Herberchuk (“Ms. Herberchuk”), brought this action for recovery of damages for injuries sustained while on land owned by defendant, Essex County 4H Club Camp, Inc. (“4H”), while attending an outing accompanied by co-workers employed by defendant, Teleglobe Communications, Inc. (“Teleglobe”). The plaintiff alleges that the injuries were caused by the negligence of the defendants and that there are genuine issues of material fact which preclude the entry of summary judgment on the issue of liability. For the reasons set forth below, defendants’ motions for summary judgment are ALLOWED.

BACKGROUND

Viewing the facts available at this summary judgment stage in the light most favorable to the nonmoving party, Ms. Herberchuk, the undisputed facts are as follows.

On August 28, 1993, Ms. Herberchuk attended an employee outing at a campground owned by 4-H. The campground had been rented through a third party under the name of Teleglobe by certain of its employees, but not by Teleglobe itself. At the cookout [*2] Ms. Herberchuk observed other guests using an apparatus known as a zipwire. The zipwire was used by children who attended the 4H’s camp during the summer months. Using the zipwire involved climbing up a ladder which reached to a platform mounted on a tree, and then leaving the platform to traverse the entire length of the wire. Proper use of the zipwire required a safety helmet, a safety harness, a drag line, and several people assisting the rider. The zipwire also included an 8 inch square 2,000 pound-test pulley to which the safety harness was attached. At the end of the camping season all removable equipment, including the safety equipment, was required to be removed from the zipwire, leaving only the cable and the platform.

On the date in question, a ladder found on or near the campground was propped against the tree upon which the platform was mounted by unidentified parties allowing guests to access the zipwire. Hanging from the zipwire was a nylon rope described as green in color which other guests were using to slide down the wire. No rules or instructions on how to use the zipwire were posted on or near the apparatus on the day in question. After watching several other [*3] people use the zipwire, Ms. Herberchuk decided she wanted to use the apparatus. In order to reach the zipwire, the plaintiff climbed the ladder. Although the ladder did not reach the platform at the end of the wire, Ms. Herberchuk was able to reach the platform by pulling herself up by her hands. Once on the platform Ms. Herberchuk wrapped the rope around her hands as she had seen others do and pushed herself off. Instead of traveling down the wire, however, Ms. Herberchuk fell to the ground sustaining serious injuries, including two elbow fractures and a fractured jaw. As result of these events Ms. Herberchuk commenced this lawsuit against 4H and Teleglobe. Both 4H and Teleglobe have moved for summary judgment on the issue of liability.

DISCUSSION

[HN1] Summary judgment shall be granted where there are no issues of material fact and the moving party is entitled to as a matter of law. Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716, 575 N.E.2d 734 (1991); Cassesso v. Comm’r of Correction, 390 Mass. 419, 422, 456 N.E.2d 1123 (1983); Community Nat’l Bank v. Dawes, 369 Mass. 550, 553, 340 N.E.2d 877 (1976); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the [*4] absence of a triable issue and that, therefore, she is entitled to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 17, 532 N.E.2d 1211 (1989). If the moving party establishes the absence of a triable issue, in order to defeat a motion for summary judgment, the opposing party must respond and allege facts which would establish the existence of disputed material facts. Id.

[HN2] A judge, when ruling on a motion for summary judgment must consider “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, in determining whether summary judgment is appropriate.” Flesner v. Technical Communications Corporation et al., 410 Mass. 805, 807, 575 N.E.2d 1107 (1991). Where no genuine issue of material fact exists, “the judge must ask himself not whether he thinks the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented.” Id. citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986).

1. The Claim Against 4-H.

[HN3] A property owner has a duty to maintain its property [*5] “in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.” Mounsey v. Ellard, 363 Mass. 693, 708, 297 N.E.2d 43 (1973). A defendant is not required to “supply a place of maximum safety, but only one which would be safe to a person who exercises such minimum care as the circumstances reasonably indicate.” Toubiana v. Priestly, 402 Mass. 84, 88, 520 N.E.2d 1307 (1988). “A landowner has no duty to protect lawful visitors on his property from risks that would be obvious to persons of average intelligence.” Id. at 89.

In the present case, Ms. Herberchuk claims there are genuine issues of fact concerning the condition in which the zipwire was kept, as well as, what actions 4-H took to prevent unauthorized use of the apparatus. The evidence on the record, for the purposes of this motion, includes affidavits from both Ms. Herberchuk and Mr. Charles G. Ingersoll, a member of the 4-H Board of Trustees, as well as exhibits, including photographs of the area immediately before the accident.

In his affidavit, Mr. Ingersoll states that, while not having [*6] a specific memory of doing so the summer during which Ms. Herberchuk was injured, it was his practice to remove and put away for the winter all those removable parts and safety equipment associated with the zipwire at the end of each camping season (before the outing). Mr. Ingersol also stated that the ladder used by the plaintiff to get to the platform was not one of those presently used by the camp and that the pulley was not on the line the day of the outing. Ms. Herberchuk admitted in her affidavit that when she first arrived at the outing there was no ladder attached to the tree and that when she attempted to make her way to the platform she had to pull herself up because the wooden ladder placed there did not reach the platform. Ms. Herberchuk stated further that she did not know if the pulley was attached to the wire or where the strap had come from.

[HN4] “The question to be decided is whether the jury reasonably could have concluded that, in view of all the circumstances, an ordinarily prudent person in the defendant’s position would have taken steps, not taken by the defendant, to prevent the accident that occurred.” Id. at 89. In this case the evidence shows that 4-H [*7] had removed both the ladder and the safety equipment used with the zipwire during the camping season. Upon arriving at the outing Ms. Herberchuk saw no ladder allowing entry to the platform rendering the zipwire inaccessible, it being twenty feet above the ground. Ms. Herberchuk chose to use the zipwire without the benefit of safety equipment or instructions on the use of the device. Ms. Herberchuk also admitted in her deposition that she knew there was a chance she could be injured but decided to use the apparatus. Further, 4-H did not have a duty to warn Ms. Herberchuk of the obvious dangers involved with using the zipwire without safety equipment or instruction. “There is no duty to warn of dangers obvious to persons of average intelligence.” Thorson v. Mandell, 402 Mass. 744, 749, 525 N.E.2d 375 (1988). On this evidence, a fair minded jury could not return a verdict for the plaintiff.

2. The Claim Against Teleglobe.

[HN5] “Before liability for negligence can be imposed there must first be a legal duty owed by the defendant to the plaintiff, and a breach of that duty proximately resulting in the injury.” Davis v. Westwood Group, 420 Mass. 739, 743, 652 N.E.2d 567 (1995). [*8] Ms. Herberchuk urges that Teleglobe played a part in the organization and funding of the outing at which the plaintiff was injured. The evidence, however, is to the contrary. First, the outing was organized by Teleglobe employees because the company no longer sponsored such events. Second, the money to pay for the outing was raised by a group of employees independent of Teleglobe through the use of a raffle. Finally, Ms. Herberchuk’s attendance was not required by her employment and she received no compensation for attending. On this evidence a reasonable jury could not find that Teleglobe owed any duty to Ms. Herberchuk.

ORDER

For the foregoing reasons, it is hereby ORDERED that defendants’, 4-H and Teleglobe, motions for summary judgment are ALLOWED.

Raymond J, Brassard

Justice of the Superior Court

Dated: March 11, 1999

About these ads

An Automobile Club that is concerned about the Environment: You should join!

I’ve posted about the Better World Club several times because they provide bicycle as well as automobile breakdown insurance. Car needs a jump call the Better World Club. Bike breaks a wheel, call the Better World Club.

The Better World Club started because its competitor supported the petroleum industry (and pollution). That is another important message that gets lost. Check them out, read the email below.

July, 2014
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GET MOVING

‘ROLLIN’ COAL’ — TALK ABOUT YOUR SECOND-HAND SMOKE

NEW FAD SHOVES ANTI-ENVIRONMENTAL AGENDA DOWN PEOPLE’S LUNGS

5a12e896-de07-4d67-8580-dbcf29392ee6.pngIn reaction to EPA’s increasingly rigid environmental regulations and Obama’s squeeze on carbon emissions, diesel truck drivers are using a technique that originated in truck-pull competitions to deliberately emit clouds of black soot onto individuals and, their favorite target, Prius drivers.

The technique is known as: rolling coal.

So, how do Rollers get huge puffs of grimy smoke to billow out of their exhaust? By modifying their vehicle to dump excess fuel into the motor, which originally served the purpose of allowing truck-pull drivers to carry a weighted sled farther and faster. It’s highly inefficient to say the least, as the black smoke is essentially fuel that hasn’t been burned. The whole arrangement doesn’t come cheap either. Modifying one’s vehicle to roll coal can cost anywhere from $500 to $5,000.

To top that off, it could get you a hefty ticket.

The modification itself violates EPA regulations — making the whole thing quite illegal:

“It is a violation of the [Clean Air Act] to manufacture, sell, or install a part for a motor vehicle that bypasses, defeats, or renders inoperative any emission control device.”(Source)

65b4fb5c-4d7a-41cd-bccc-180a033ae215.jpgAnd that’s exactly what one does to “roll coal.”

But does any of this really matter to coal rollers? Probably not. And since this is supposedly an anti-environmental “protest” the fact that diesel exhaust is one of the nation’s most pervasive sources of toxic air pollution, and black carbon, a component of diesel pollution, is one of the largest drivers of climate change…well, that probably doesn’t matter to them either.

How about the fact that, much like second-hand cigarette smoke, diesel exhaust is carcinogenic? Maybe then they should stop sticking their heads down their smokestacks.

Unlike second-hand cigarette smoke, however, the victims of coal rolling aren’t innocent by-standers. No, they are the targets of this abuse that not only hurts the environment, but makes people sick.

Scientific studies link pollutants in diesel exhaust to a myriad of public health effects, including asthma attacks, heart attacks, stroke, cancer, and premature death.

Also, inhaling diesel fumes is a great way to kill brain cells. (Hmmm…perhaps that’s the explanation.)

5d983231-dfd4-444f-87fa-d6af2cf7b36f.jpgRecently, those who subscribe to this subculture have been getting bold by using social media to promote and parade these ignorant stunts.

Watch one of their many YouTube videos here :Diesels Rolling Coal on PEOPLE 2014 Compilation

What to do besides roll up your windows and turn off your vents:

  • If you’re a member of Better World Club you’re already doing something: BWC is currently configuring a carbon offset plan specifically designed to combat coal rolling.
  • Join the Diesel Clean-up Campaign!Clean Air Task Forceand state-based partners launched the national Diesel Clean-up Campaign. To learn more, and to take action in support of this campaign, please visit theDiesel Clean-up Campaign.
  • SIGN THE PETITION!!! TELL THE EPA AND JUSTICE DEPARTMENT TO CRACK DOWN ON COAL ROLLERS!!

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READ MORE:
Slate.com
Huffington Post
Fox News

WASHINGTON WATCH

(Almost) TOTAL RECALL: Did Arnold Schwarzenegger Run GM?

RATED NO STARS FOR RECKLESS INACTION

d3df8e1a-c273-46b9-97e6-bd842f2a5175.png

General Motors’ ignition switch scandal is definitely the stuff that movies are made of: deception, moral conundrums, tragic outcomes, a protagonist attempting to overcome a past mistake. The real tragedy, however, is that this isn’t a movie…

The true story, if you recall (OK, we’ll stop with all the homonyms), is that the scandal involved employees who had learned that ignition switches used in Chevrolet Cobalts, Saturn Ions and other GM vehicles were defective but delayed (ahem, failed) to issue recalls for the defect for more than a decade — a delay which sparked U.S. government investigation.

The malfeasance proved simply too great to be swept under the floor mat: the switches — which can be inadvertently shut off when jarred, cutting power to the engine and deactivating air bags — have been linked to at least 13 deaths.

To date, GM has recalled almost 28.5 million cars world wide, an all-time annual record. Remember, this doesn’t mean GM has recalled 28.5 million cars, since some were recalled more than once — but regardless of how you cut it…that’s a lot of cars!

“Few companies in history have ever sold more cars, and few companies have ever demanded as many of them back,” commented John Oliver— Last Week Tonight.

Despite the huge outreach efforts, Forbes reports that, as of June 4, there are approximately 2 million unrepaired cars still tooling around U.S. roads.

The Society of Automotive Engineers found that industry-wide, about 70 percent of recalled cars get repaired. GM’s record is better than most: spokesman Kevin Kelly said an average of 80 percent of recalled cars are fixed within the first year; 85 percent by the second year. In a case like this, where lives are at stake, that just doesn’t seem good enough.

In response to the scandal several bills have been introduced to prevent future misconduct. Hide No Harm Act is one such bill. The bill would make it a crime for corporate officers to knowingly conceal a product defect or corporate action that “poses a danger of death or serious physical injury to consumers and workers.” Executives who do so would face up to five years in prison and potential fines.

In her testimony, GM CEO Mary Barra reiterates that the company’s employees won’t forget the lessons of the recall, and they’re working hard to address the underlying issues.

However, many may have lost faith in GM to police itself. The Hide No Harm Act would work as a safety net, act as remuneration, and represent a reminder in and of itself.

Actions speak loader than words:

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GIVING DIRECTIONS

Colorado Scenic and Historic Byways 25th Anniversary Conference on June 19 & 20, 2014, along the Peak to Peak Scenic Byway, at the Ameristar Convention Center in Black Hawk, Colorado.

More information: Colorado Scenic and Historic Byways 25th Anniversary — CDOT

image

Colorado Scenic and Historic Byways 25th Anniversary …

25th Anniversary Conference June 19 & 20, 2014 Black Hawk, Colorado Conference Registration & Sponsorship Conference Agenda

View on www.coloradodot.info

Preview by Yahoo

Byways.Elevated.

June 19 – 20th

Colorado’s Byways 25th Anniversary

AGENDA

THURSDAY – June 19

3:00 – 4:30 Conference Registration, Reception, & Check-In Entertainment by Bear Limvere

5:00 – 6:00 Keynote Speaker -Joe Calhoon, Author of

The One Hour Plan for Growth

6:00 – 7:30 Welcome & Awards Dinner FRIDAY – June 20

7:00 – 8:30

9:00 – 9:45

Breakfast & Opening Remarks, Special Awards Navigating the Road to Private Funding ­

Jeffery Pryor, Ed.D., CEO of Pathfinder Solutions

1st Breakout Sessions

• Keeping Your Byway Relevant and Moving into the Future Panel – Scott Brutjen, Bob Marshall & Kelli Hepler

• Keeping the Scenery in Scenic Byways

Don Bruns & Karla Rogers

• The Benefits of Colorado Byways – Shelby Sommer & Matt Goebel

2nd Breakout Sessions

• Shaping Your Board into Byway Leaders – Janine Vanderburg

• Driving Your Byway Message Straight to the Traveler ­

Kelly Barbello

• #Savvy Social Media Panel – Bobby Weidmann, Angus Shee

& Allison Bejarano

Luncheon with Guest Presentation – Hokkaido, Japan Byways

Colorado Meadows

Colorado Meadows (Photo credit: QualityFrog)

3rd Breakout Sessions

• Latest Trends in Keeping Our Historic Buildings – Patrick Ideman

• Byways and Your Belly! – Judy Walden

• Securing Colorado Byways: ‘GIS Project’ – Charlotte Bumgarner

& Yvonne Barnes

4th Breakout Sessions

• Gaining Legislative Support for Colorado Byways – Roger Wilson

• Engaging the Youth in Byways – Michelle Pearson

• Healthy Highways – Judy Walden & Gaylene Ore

ColoradoGives.org -Dana Rinderknecht, Community First Foundation

The former gold mining camp of Black Hawk, Col...

The former gold mining camp of Black Hawk, Colorado (Photo credit: Wikipedia)

Closing Remarks

Lenore Bates, Program Manager

Colorado Scenic and Historic Byways

CDOT | 4201 E Arkansas Ave, Shumate Bldg | Denver CO 80222

P 303.757.9786 | F 303.757.9727

Lenore.Batess | www .coloradobyways.org

Colorado Byways connect tourists, preservationists and local communities.

Agenda052914.pdf

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Great photo essay of a Ropes course showing everyone with helmets designed to protect only from above.

Climbing helmets only protect from drops. What falls from the sky?

Ropes Course 2010

A photographer did a great job of showing a group of people having a great time on a rope’s course in Granville, Ohio. The course and setting are beautiful. Everyone is wearing helmets. All the helmets in the photographs are climbing helmets.

Climbing helmets were designed for rock climbing. They were designed to protect you from a rock falling on your head. They are also tested to make sure if you fall and wedge your head in a crack because of your helmet the helmet will come off.

The only things I can see in the photographs that might fall on the people’s heads are trees. If a whole tree falls on you, there is not much you can do. Dependent upon the size of the tree limb, the helmet may or may not help you much.

But why? Why do you wear a helmet on a rope’s course?

Based on this, shouldn’t all groups hiking in the woods wear helmets?

See Common Ground Canopy Tours take you into the treetops near Oberlin, with zip-lines, sky bridges and more (photo gallery)

What do you think? Leave a comment.

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Copyright 2014 Recreation Law (720) Edit Law

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By Recreation Law    Rec-law@recreation-law.com         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, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Ropes Course, Challenge Course, Climbing Helmet, Helmet, Granville, Ohio,

 

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ANSI, ASTM, PRCA, ACCT & NSAA a mess of acronyms that are fighting each other, taking your industry down and wasting money.

 How much money could have been put into promoting the industry,educating the members and creating great opportunities? Millions I bet.

 The PRCA, (Professional Ropes Course Association) recently announced that they had received approval from ANSI (American National Standards Institute) for its ropes or challenge course standards. The ACCT (Association for Challenge Course Technology) has appealed the issuance of the approval. (See ANSI/PRCA American National Standard).Wasting more time and money, in my opinion.

 In the meantime, the NSAA (National Ski Area Association) received ASTM (American Society of Testing and Materials) approval for their standards. See ASTM Committee Approves Standard For Aerial Adventure Courses

 I have no horses in this race; I have nothing to gain and more to lose with these comments. However, someone has to put it out there again, because the amount of money being wasted is ridiculous. So here goes…..again. (For a prior commentary about this feud see Stop Feuding, I doubt, move forward anyway; I think you can.)

 

 What’s it all mean?

First the “standards” granting organizations.

 ANSI “allows” organizations that meet its requirements to become standards granting organizations. One such organization is the ASTM. However, just because ASTM is granted the “opportunity” to create standards under the ANSI banner it does not mean that ANSI standards are better, more important or more controlling than ASTM.

 ACCT was started 19 years ago to write standards. However, in my opinion, it was more of a good buddy club and the creation of the standards did not follow any known or legally acceptable way of creating them. PRCA was started in 2003 because ACCT would not let them be the “whatever name” to do something with ropes courses or something. Honestly, I’m not 100% clear on this, and I don’t really care.

NSAA is 52 years old and has been working with ANSI and ASTM for decades. The standards for operating ski lifts are ANSI standards and the standards for the rest of the ski industry such as skis, bindings, etc., are ASTM standards. NSAA has one employee who knows more about ANSI and ASTM than I would ever want to know, and consequently, they are fast efficient and done right.

I am a member of the ASTM and on the standards committee for ropes courses, but not active and have not voted for any of the NSAAASTM, standards.

Still with me or have all the acronyms done you in.

Current Status

Right now, there are two organizations that have created standards for the ropes’ course industry, PRCA and NSAAthat follow the procedures and practice’s generally accepted in court for proof of standards by an organization. NSAA has opted to write its standards through the ASTM and the PRCA through ANSI.

ACCT is left out of the mix right now, so that organization is fighting PRCA’s ANSI standards. However, what I find comical, and indicative of the reasons for much of the wasted money in the industry, the ACCT has ignored the NSAA. (PRCA also for that matter.)

Speculation here, but don’t you think that if ACCT seriously thought only its standards were acceptable they would be appealing the NSAA’s standards created under the ASTM.

This leads me to believe that the appeal of the PRCA’s ANSI standards has nothing to do with the standards, just with the PRCA. (This is the third appeal of the PRCA’s ANSI standards; the ACCT lost the first two.)

By that I mean there is more bad blood here than in a blood bank with no power for a month.

So Legally what does that Mean?

Standards are the lowest acceptable level of doing something, which is presented in court to prove someone either met the standard or did not meet the standard of care. The standard of care is the measurement against which the jury determines whether you had a duty and then breached that duty to someone.

If you own a ropes course and someone is injured on the ropes course, the plaintiff now has several different ways to prove that you were negligent (breached the standard of care). Meaning your ropes course was not built correctly, or you operated the course incorrectly.)

First, there are the ACCT standards; however, those can easily be ignored at this point because they have not been approved by either the ANSI or the ASTM. The ACCT standards are getting better, I’ve been told, but basically, they were created in a way that creates credibility issues. That does not mean that they can’t be a way to prove you are negligent.

So now the plaintiff can argue that you failed to meet the PRCA or NSAA standards. If there is a conflict between the two, then the plaintiff has found the stick to beat more money out of you and your insurance company. (And the last thing this industry needs is a way to give more money away. (See: Payouts in Outdoor Recreation.)

Legal Advice (worth what you pay for it)

If you came to me and asked for advice about this situation this is what I recommend.

1.   Today, get a copy of the PRCA and NSAA (ANSI and ASTM) standards and make sure you meet those standards. Yes, both sets. If there is a conflict between the two, justify why you have adopted one over the other in writing now, prior to a problem.

2.   Every year have someone new come see your course. They don’t have to have some designation on their wall, unless it says architect or engineer (see below!). They should have experience to look at your course and your operation and make sure you are not making mistakes. Maybe trade off. You go to their course, and they come to your course.

a.   Don’t have them give you a report, which is just proof you are negligent.

b.   Don’t tell them why you do something, unless they ask.

c.   Listen, listen to everything they suggest, ask questions and then see what you need to do.

3.   Every couple of years have an engineer, architect, or contractor came out and look at your course. These are the people who know how courses should be built and have the education and experience to make sure it was built correctly and is still holding together.

a.   Someone with 12 years in the industry may be able to tell you the testing strength of a bolt and whether the bolt and whatever it is attached to are working still. However, that knowledge is defeated with a degree from a college that says engineer or architect.

Pay attention, (If nothing else for the laughs.) and make sure you know what is going on because you as a ropes course owner or manager are the person that is going to take the beatings and suffer the most when the organizations created to support you spend your money fighting each other.

Good luck.

If nothing else I should get a plug for explaining all the acronyms in the industry!

For more articles on Ropes Courses see:

 $400,000 challenge course settlement for shattered ankle     http://rec-law.us/1lk77Q7

 Architects, Engineers and Recreation, we need the first two, to be successful in the second     http://rec-law.us/1gOSNeT

 Assumption of the risk is used to defeat a claim for injuries on a ropes course       http://rec-law.us/SDZlBt

 Based on the article yes there was going to be a lawsuit         http://rec-law.us/16JD0p3

 Plaintiff raised argument in work/team building situation that they were forced to sign release  http://rec-law.us/XiKRug

 Plaintiff uses standards of ACCT to cost defendant $4.7 million       http://rec-law.us/11UdbEn

 Sad, Arizona school insurance no longer covering ropes courses.               http://rec-law.us/1m5AhAN

 The standard of care for a ropes or challenge course changes based on who is running it and who is using it (30)                                                                                       http://rec-law.us/L2tupe

 When did journalism turn from telling a good factual story to trying to place blame for an accident?            http://rec-law.us/1cNrxMv

 What do you think? Leave a comment.

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

 Copyright 2014 Recreation Law (720) 334-8529

 

 

 

 

Call or Email me if you need legal services around these issues.

 Email: Rec-law@recreation-law.com

 Google+: +Recreation

 Twitter: RecreationLaw

 Facebook: Rec.Law.Now

 Facebook Page: Outdoor Recreation & Adventure Travel Law

 Blog:www.recreation-law.com

 Mobile Site: http://m.recreation-law.com

 By Recreation Law    Rec-law@recreation-law.com         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, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, PRCA, ANSI, ACCT, ASTM, ACCT, NSAA, Ropes Course, Challenge Course, Standards, Industry Standards, Trade Association, Professional Ropes Course Association, American National Standards Institute, Association for Challenge Course Technology, National Ski Area Association, American Society of Testing and Materials,

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Sad, Arizona school insurance no longer covering ropes courses.

Ropes courses are being torn down across the state because they can’t be insured

You can say bad attorneys, lousy program, bad instructors, freak accident. But the ropes course or challenge course industry is heading into the history books in Arizona. A lawsuit in Arizona against a public school will force all ropes courses in Arizona Public Schools to be removed.

Because of an accident in Tucson that forced the Arizona schools’ insurance company to pay out millions in a settlement, all ropes courses in Arizona must be removed from school property. Payson installed the ropes course with a federal grant.

In the past ten years I’ve found the following payouts due to ropes courses.

2008

$400,000

Sutter County California School District

Improperly tied into the course

2009

$4,700000

Alpine Towers International

Improper equipment and failure to train

$5.1 million in what we know about. Who knows how much has not been made public or settled.

And what really sucks about all this is ropes courses are not dangerous.

SeeRopes Course To Come Down

For more info on Ropes Courses & Litigation see:

Payouts in Outdoor Recreation                                                                             http://rec-law.us/121q2k2

Architects, Engineers and Recreation, we need the first two, to be successful in the second     http://rec-law.us/1gOSNeT

Assumption of the risk is used to defeat a claim for injuries on a ropes course       http://rec-law.us/SDZlBt

Based on the article yes there was going to be a lawsuit                                 http://rec-law.us/16JD0p3

Plaintiff raised argument in work/team building situation that they were forced to sign release  http://rec-law.us/XiKRug

Plaintiff uses standards of ACCT to cost defendant $4.7 million                   http://rec-law.us/11UdbEn

The standard of care for a ropes or challenge course changes based on who is running it and who is using it (30)                                                                                                               http://rec-law.us/L2tupe

$400,000 challenge course settlement for shattered ankle                             http://rec-law.us/1lk77Q7

When did journalism turn from telling a good factual story to trying to place blame for an accident?            http://rec-law.us/1cNrxMv

What do you think? Leave a comment.

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

Copyright 2014 Recreation Law (720) Edit Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:www.recreation-law.com

Mobile Site: http://m.recreation-law.com

By Recreation Law    Rec-law@recreation-law.com         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, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, Ropes Course, Challenge Course, Arizona, Arizona Public Schools, Payson Unified School District, PUSD,

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May 21 Workshop-Build Skills to Work Collaboratively on Environmental & Natural Resource Management

As part of the 2014 Network Leadership Training Academy (NLTA – see below for more info), we will be offering a half-day workshop focused on Network Leadership for Environmental and Natural Resource Management

May 21, 2014, 9-11:30am in Denver, CO. CAEE

Network Leadership for Environmental and Natural Resource Management, 9:30-11am, $25: There are growing concerns over how to manage the environment to protect public health, mitigate disasters, and to meet the demands of growing populations for water, food, recreation and energy supplies. Yet developing such networks and sustaining them can be particularly challenging, especially where organizational interests and goals are not aligned or are in conflict. Join Tanya Heikkila in this workshop to learn the organization, design, and characteristics of success of networks for collaborative environmental natural resource management. The lessons from this workshop will draw from an extensive body of research and experience on environmental networks and collaboration, and from the interactions among network participants, to identify practical leadership skills to help overcome some of these challenges.

Tanya Heikkila is an Associate Professor at the University of Colorado Denver, School of Public Affairs. Dr. Heikkila’s research expertise is in institutions for coordinating groundwater and surface water in the western United States, interstate water conflicts and cooperation, the organization of collaborative ecosystem restoration programs, as well as the performance of special purpose governments.

See attached flyer for more information, or go here. Please forward to any colleagues/groups that you think might be interested in this workshop, or the NLTA.

To register for this, and other, workshops, click HERE.

To Find Out More About the Network Leadership Training Academy, see info below, or click here.

More info on the NLTA:

Registration for the 2014 Network Leadership Training Academy is now open!

https://www.regonline.com/networkleadershiptrainingacademy2014

About the 2014 NLTA: Many people today are deeply involved in the network way of working, but are struggling to find tools and a place to build skills and a community for this new way of connecting across boundaries. This workshop provides conversations about network leadership, activities and exercises to share and demonstrate skills and ideas, and practical tools to translate back to practice. The NLTA is a place where public sector leaders gather to learn, share ideas, and develop skills for engaging in collaboration and partnerships across sectors. A particular focus of the NLTA is on engaging community partners both in program activities, but also evaluation and research. We will cover several methodologies and models for accomplishing these goals, including Community Impact Models, Community Based Participatory Research, Systems Building, and Social Network Analysis, among others. Attendees are engaged in this type of work from multiple sectors including Health, Public Health, Education, Environment, Disaster/Emergency Management, Criminal Justice, among other fields. The workshop primary focus is on building, managing, and evaluating effective networks. This year’s academy will be held from May 19-21, 2014 in Denver, CO at the University of Colorado Denver (downtown campus).

What will you do at the NLTA? The agenda for the 2014 NLTA is packed full of opportunities for attendees to share their own experiences and skills, interaction with the leading trainers and thinkers in networks leadership through presentation and consultation, and topic specific workshops to develop a “network of networkers” in your specific field. Each part of the NLTA is led by a recognized leader in the field and will be a variety of small group, breakout, and large group interactions. A summary of the agenda:

Monday, May 19, 11am start:

Networks 101 (Brint Milward)

Building a Network Culture/The Network Way of Working (Janice Popp);

An Evening of “Sharing Our Practice” (attendee presentations/posters highlighting their own work)

Tuesday, May 20, 9-5pm; 5-7pm Reception:

Managing Networks: Network Effectiveness, Structure & Governance (Brint Milward)

The Transfer of Commitment: Leading Successful Collaboration (Darrin Hicks)

Tools and Methods to Evaluate Networks (including Systems Building, CBPR, Social Network Analysis) (Danielle Varda)

Wednesday, May 21, 9-3pm

Pick from a variety of Special Topic Workshops on Network Leadership (morning and afternoon), including but not limited to:

- Network Leadership for Funders with Sandra Mikush

- Network Leadership for Environmental and National Resource Management with Tanya Heikkila

- Network Leadership in the Public Services Sector (Education, Public Health, Healthcare, and more) with Bill Fulton

- Network Leadership Tools and Technologies with Judah Thornewill

- PARTNER: A Tool for Organizational SNA with Danielle Varda

- Skills for Facilitating Networks with Lisa Carlson

- Heroic Improvisation with Mary Tyszkiewicz (http://heroic-improv.com)

To register only for these workshops, click HERE.

For more details about the trainers, click here: http://www.ucdenver.edu/academics/colleges/SPA/About/conference/Pages/Meet-the-Trainers.aspx

For more information about the conference, including travel logistics, click here: http://www.ucdenver.edu/academics/colleges/SPA/About/conference/Pages/default.aspx

To register click here: https://www.regonline.com/networkleadershiptrainingacademy2014

What: Network Leadership Training Academy

When: May 19-May 21, 2014

Where: Denver, CO

Cost for Training*: $600 for all organizations/agencies/companies, $400 for students, $525 per person for a group of 3 or more (Workshops Only range from $25-$100 each)

Included with registration: Lunch all three days, Breakfast Tuesday/Wed Morning, and one dinner.

*Is the cost prohibitive? Discounts and scholarships available. Inquire at rpcg

If you have any questions please email rpcg.

Have a wonderful day!

Sara Sprong

Sara Sprong, MPA

Professional Research Assistant

Research Program on Collaborative Governance

School of Public Affairs

University of Colorado Denver

1380 Lawrence Street, Suite 500 – Denver CO 80217-3364

P: sara.sprong

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Visit the Network Leadership Training Academy Website


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