Camp held liable when a camper misunderstands instructions, and plaintiff was not paying attention.
Posted: May 13, 2013 Filed under: Case Analysis, Michigan, Minors, Youth, Children, Summer Camp, Youth Camps | Tags: Camp Sea-Gull, Capture the Flag, duty, Emily Lisner, Inc., Jonathan C. Gamze, Julie Gamze, Proximate Cause, summer camp, William P. Schulman, Youth Camp Leave a comment »Gamze v Camp Sea-Gull, Inc., 2012 Mich. App. LEXIS 1227 (Mich App 2012)
Would you have ever guessed that capture the flag would lead to a lawsuit?
This case was dismissed by the trial court on a summary disposition which is called a motion for summary judgment in most jurisdictions. The case had been dismissed before trial because the trial court found that:
I can’t see where the camp and Mr. Schulman did anything wrong. I can’t see where this individual’s grabbing of the marker was a foreseeable event by the camp and those in charge of this particular camp and the camp’s owner.
The case arose at a summer camp when the campers were play capture the flag. At either end of the field, there was a circle with a pole and a flag on top of the pole. The pole was to locate the flag. The flag was a piece of cloth lying at the base on the ground within the circle.
One of the girls either was not told what the flag was or misunderstood what the flag was and instead of grabbing the flag lying on the ground grabbed the pole and started running. The plaintiff ran into the bottom of the pole which had a metal stake which hit her in the mount. The plaintiff lost one tooth, and three other teeth were broken.
The plaintiff sued claiming negligence and claims for premise’s liability. Premise’s liability is the legal theory that based on the type of person you are the duty owed by the land owner changes. Since the plaintiff was on the land, she claimed the landowner/defendant had not kept her safe to the legal standard required.
Summary of the case
The court first looked at the Definition of Negligence under Michigan Law. The elements to prove negligence in Michigan are identical to the majority of other states. “The elements of a negligence claim are “(1) a duty owed by the defendant to the plaintiff, (2) a breach of that duty, (3) causation, and (4) damages.”
The court then determined that the issue the trial court had decided was that there was no duty owed to the plaintiff. The court then defined how a duty was to be determined.
“When determining whether a duty should be imposed, the ultimate inquiry is “whether the social benefits of imposing a duty outweigh the social costs of imposing a duty.””
“This inquiry involves considering, among any other relevant considerations, the relationship of the parties, the foreseeability of the harm, the burden on the defendant, and the nature of the risk presented.” But the most important factor is the relationship of the parties.
The court found that the defendant owed a duty to provide proper instructions on how the game of capture the flag was to be played.
In 2007, Gamze was a summer camper at the Camp. She and her family entrusted defendants with her safety during her stay. It was foreseeable that if the campers were not properly instructed, then a camper could pick up the actual flagpole instead of picking up the flag/towel lying on the ground next to the flagpole. It is also foreseeable that, if a camper did remove the flagpole from the ground, the camper could injure another camper while running with the pole. Finally, the burden to properly instruct the campers to pick up the towel from the ground is negligible.
Once it is determined that the defendant owes the plaintiff a duty of care, then the reasonableness of the defendant’s conduct is a question of fact for the jury.
The court also looked at whether the injury was proximately caused by the actions of the defendant. “Proximate cause normally involves examining the foreseeability of consequences and whether a defendant should be held liable for those consequences.” However, the court held that proximate cause was a question for the jury.
The final issue was the premise’s liability claim. The court agreed with the trial court and upheld the dismissal of the claim. The plaintiff was an invitee to the land, and as such she was owed a “duty to “‘exercise reasonable care to protect [her] from an unreasonable risk of harm caused by a dangerous condition on the land.‘””
The court found that the plaintiff was not harmed by a dangerous condition on the land. The danger was solely caused by the actions of the other campers not an inherent condition of the premises.
The appellate court sent the case back to the trial court on the issue of whether the camp was negligent in the way it instructed and ran the capture the flag game.
So Now What?
Kids get hurt. There is not much you can do about that, and if you can, you have probably stopped the earth from rotating. There was not much you can do here from a legal perspective to stop this litigation except tell parent’s things they should already know.
Kids get hurt. When your bring child to this camp, we will do everything we can to keep your child safe. However, we cannot protect your child from everything, much of anything. Between the outdoors, you not being here and other campers all sorts of injuries occur.
Do you understand that when you bring your child to this camp, your child can be hurt?
You could keep campers from playing games, or you could keep young girls who are being chased from running without looking where they are going. However, I think that earth rotation thing will be easier.
Plaintiff: Jonathan C. Gamze, as Next Friend for Julie Gamze,
Defendant: Camp Sea-Gull, Inc. and William P. Schulman, Defendants-Appellees, and Emily Lisner, Defendant
Plaintiff Claims: negligence and premises liability
Defendant Defenses: No duty and injury not caused by the premises
Holding: Premises liability claim was dismissed and the case was returned for trial on the negligence claim.
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Gamze v Camp Sea-Gull, Inc., 2012 Mich. App. LEXIS 1227 (Mich App 2012)
Posted: May 13, 2013 Filed under: Legal Case, Michigan, Summer Camp, Youth Camps | Tags: Camp, Camp Sea-Gull, Capture the Flag, duty, Emily Lisner, Inc., Jonathan C. Gamze, Julie Gamze, Michigan, Michigan Court of Appeals, Negligence, Proximate Cause, Standard of review, summer camp, William P. Schulman, Youth Camp Leave a comment »Gamze v Camp Sea-Gull, Inc., 2012 Mich. App. LEXIS 1227 (Mich App 2012)
JONATHAN C. GAMZE, as Next Friend for JULIE GAMZE, a Minor, Plaintiff-Appellant, v CAMP SEA-GULL, INC. and WILLIAM P. SCHULMAN, Defendants-Appellees, and EMILY LISNER, Defendant.
No. 299433
COURT OF APPEALS OF MICHIGAN
2012 Mich. App. LEXIS 1227
June 21, 2012, Decided
NOTICE: THIS IS AN UNPUBLISHED OPINION. IN ACCORDANCE WITH MICHIGAN COURT OF APPEALS RULES, UNPUBLISHED OPINIONS ARE NOT PRECEDENTIALLY BINDING UNDER THE RULES OF STARE DECISIS.
PRIOR HISTORY: [*1]
Charlevoix Circuit Court. LC No. 09-054822-NO.
CORE TERMS: camper, flag, flagpole, towel, capture, foreseeable, premises liability, team’s, material fact, circle, lying, pole, matter of law, genuine issues, proximate cause, proximately, counselor, favorable, causation, grabbing, owed, top, pick, order granting, negligence claim, final order, proper instructions, dangerous condition, foreseeability, depositions
JUDGES: Before: WILDER, P.J., and HOEKSTRA and BORRELLO, JJ.
OPINION
Per Curiam.
In this case, plaintiff appeals from an order granting summary disposition in favor of defendants1 Camp Sea-Gull, Inc. (the Camp) and William Schulman, a part-owner and associate director of the Camp, on plaintiff’s claims of negligence and premises liability. Because genuine issues of material fact remain regarding plaintiff’s negligence claim, we affirm in part, reverse in part, and remand.2
1 Emily Lisner was dismissed by stipulation and is not involved in this appeal. Thus, our reference to “defendants” will refer to appellees.
2 Defendants have raised a question as to this Court’s jurisdiction over the appeal. Plaintiff filed the initial appeal of the order granting summary disposition before Lisner had been dismissed from the case. Accordingly, this Court dismissed the appeal for lack of jurisdiction. Gamze v Camp Sea-Gull, Inc, unpublished order of the Court of Appeals, entered July 13, 2010 (Docket No. 298202). We informed plaintiff, however, that he could seek to appeal the grant of summary disposition by filing a delayed application for leave under MCR 7.205(F). Defendants [*2] subsequently requested that the trial court tax their costs against plaintiff. On July 29, 2010, the trial court denied this motion except for a $20 motion fee. Plaintiff then filed the current appeal. The arguments on appeal do not concern the motion for costs but, instead, are exclusively aimed at the trial court’s decision to grant the motion for summary disposition.
When an appeal of right is dismissed for lack of jurisdiction or is not timely filed, an appellant may file an application for leave to appeal up to 12 months after entry of the final order to be appealed. MCR 7.205(F)(1) and (F)(3). Plaintiff filed this appeal on August 2, 2010, less than 12 months after May 21, 2010. Given the trial court’s notation in the orders below concerning which order was–or was not–intended as the final order in this case, we treat plaintiff’s claim of appeal as an application for leave and hereby grant it. MCR 7.205(D)(2); see also In re Morton, 258 Mich App 507, 508 n 2; 671 NW2d 570 (2003).
I. BASIC FACTS
Julie Gamze and defendant Emily Lisner were both campers at the Camp in the summer of 2007. As part of a “Pirate Day” on July 15, 2007, the Camp organized a game of capture the flag on a [*3] large field divided into two halves. In the middle of each half was a circle, and in the middle of the circle was a five-foot tall flagpole3 with a colored flag on top. While the object of the game was to “capture” the opposing team’s “flag,” the “flag” to be seized was actually a piece of cloth or towel lying on the ground at the base of the flagpole. Participants were not supposed to attempt to capture the flag on top of the pole or the pole itself. Lisner testified that no one told her that the flagpole flag was not the correct flag to capture, and the counselor who explained the rules does not remember if she clarified that point. In the course of the game, Lisner grabbed the flagpole and began running with it. Gamze was running nearby, being chased by another camper, and the metal stake at the bottom end of the flagpole hit her in the mouth. She lost one tooth, and three others were broken.
3 The flagpole also had a metal tapered end or “stake” so it could be inserted and anchored into the ground.
Plaintiff filed suit against defendants, alleging negligence and premises liability. The trial court granted defendants’ motion for summary disposition and stated the following at the hearing:
I [*4] can’t see where the camp and Mr. Schulman did anything wrong. I can’t see where this individual’s grabbing of the marker was a foreseeable event by the camp and those in charge of this particular camp and the camp’s owner.
Anything that they did or failed to do was not the proximate cause of this Plaintiff’s injury. And, I don’t believe there is any material facts that are in dispute that would prevent the granting for the Motion for Summary Disposition under [MCR 2.116(C)(10)]. So that’s my ruling.
II. STANDARD OF REVIEW
This Court reviews de novo a trial court’s decision on a motion for summary disposition. Auto Club Group Ins Co v Burchell, 249 Mich App 468, 479; 642 NW2d 406 (2001). When reviewing a motion brought under MCR 2.116(C)(10), we consider the pleadings, admissions, and other evidence submitted by the parties in the light most favorable to the nonmoving party. Brown v Brown, 478 Mich 545, 551-552; 739 NW2d 313 (2007). A grant of summary disposition “is appropriate if there is no genuine issue regarding any material fact and the moving party is entitled to judgment as a matter of law.” Id. at 552.
III. ANALYSIS
A. NEGLIGENCE
The elements of a negligence claim are “(1) a duty [*5] owed by the defendant to the plaintiff, (2) a breach of that duty, (3) causation, and (4) damages.” Case v Consumers Power Co, 463 Mich 1, 6; 615 NW2d 17 (2000). It is not entirely clear which element(s) the trial court found to be deficient in plaintiff’s claim. While only explicitly referencing causation, the trial court’s statement seemed to encompass three of the elements: duty (“I can’t see where this individual’s grabbing of the marker was a foreseeable event . . . .”; breach (“I can’t see where the [defendants] did anything wrong.”; and causation (“[a]nything that they did or failed to do was not the proximate cause of this Plaintiff’s injury.”). With the damages element not being disputed, we will address the remaining three elements.
The question of whether a defendant owes a plaintiff a duty of care is a question of law. Cummins v Robinson Twp, 283 Mich App 677, 692; 770 NW2d 421 (2009). When determining whether a duty should be imposed, the ultimate inquiry is “whether the social benefits of imposing a duty outweigh the social costs of imposing a duty.” In re Certified Question from Fourteenth Dist Court of Appeals of Texas, 479 Mich 498, 505; 740 NW2d 206 (2007). “This inquiry [*6] involves considering, among any other relevant considerations, the relationship of the parties, the foreseeability of the harm, the burden on the defendant, and the nature of the risk presented.” Id. (quotation marks omitted). But the most important factor is the relationship of the parties. Id.
Here, we conclude that defendants owed Gamze a duty to provide proper instructions for the game of “capture the flag.” In 2007, Gamze was a summer camper at the Camp. She and her family entrusted defendants with her safety during her stay. It was foreseeable that if the campers were not properly instructed, then a camper could pick up the actual flagpole instead of picking up the flag/towel lying on the ground next to the flagpole. It is also foreseeable that, if a camper did remove the flagpole from the ground, the camper could injure another camper while running with the pole.4 Finally, the burden to properly instruct the campers to pick up the towel from the ground is negligible.
4 This is especially foreseeable when the opposing team’s goal is to pursue and tag the flag carrier.
Once the existence of a duty toward Gamze is established, the reasonableness of the defendant’s conduct is a question [*7] of fact for the jury. Arias v Talon Development Group, Inc, 239 Mich App 265, 268; 608 NW2d 484 (2000). Thus, the next question is whether there is a genuine issue regarding whether defendants breached this duty by failing to provide the proper instructions.
In support of their motion for summary disposition, defendants provided, inter alia, the unsworn “statements” from two people who were camp counselors at the time of the accident. However, these statements do not comply with the requirements of MCR 2.116(G)(2) since they are not “affidavits, depositions, admissions, or other documentary evidence,” and consequently cannot be considered. Marlo Beauty Supply, Inc v Farmers Ins Group of Cos, 227 Mich App 309, 321; 575 NW2d 324 (2009). Moreover, even if the statements were considered, they would not support granting defendants’ motion for summary disposition. The first statement was by Leah Glowacki, who was the programming counselor at the time of the incident. With regard to the instructions, she stated, “I instructed the campers to attempt to obtain the flag that was inside the circle on the opposite side of the field from where their team was stationed.” This statement does not establish [*8] that the correct instructions were given. In fact, when viewing the statement in a light most favorable to plaintiff, one could conclude that Glowacki’s instructions might possibly have been construed by at least some campers as a directive to remove the flag itself instead of the towel on the ground. The other statement was provided by Stephanie Plaine, who stated that she instructed the campers “to capture the team’s flag on the other side of the field which was located inside the circles drawn onto the grass.” Again, this statement does not specify that the instruction was to get the towel lying next to the flag.
Defendants did properly submit the depositions of six people, however. But none of the submitted testimony indicated that the campers were instructed to ignore the flagpole and only pick up the towel on the ground: Gamze could not recall what specific instructions were given; Lisner testified that she did not hear any specific instructions to take the towel on the ground instead of the pole itself; Jack Schulman and William Schulman both admitted that they did not hear the instructions that Glowacki and Plaine provided; Marsha Schulman admitted that she was not present when [*9] the instructions were given; and Plaine, herself, testified that she could not recall the specifics of the instructions that she gave. Therefore, when viewing all of this evidence in a light most favorable to plaintiff, there is a question of material fact on whether the Camp instructed the campers to only take the towel lying at the base of the flagpole instead of the flag or flagpole itself.
Finally, the trial court indicated that it found as a matter of law that defendants could not have proximately caused plaintiff’s injuries. But proximate cause is a factual question for the jury unless reasonable minds could not differ. Lockridge v Oakwood Hosp, 285 Mich App 678, 684; 777 NW2d 511 (2009). Proximate cause normally involves examining the foreseeability of consequences and whether a defendant should be held liable for those consequences. Campbell v Kovich, 273 Mich App 227, 232; 731 NW2d 112 (2006). Here, a reasonable juror could have concluded that a failure to instruct the campers properly could foreseeably result in an enthusiastic camper grabbing and removing the flagpole in order to “capture the flag” affixed to the top of it. And because the object of the game was for the camper [*10] to run the flag back to her team’s territory while other campers tried to tag her, a reasonable person could conclude that it was foreseeable that other campers might be hit and injured by the five-foot tall flagpole as it was being moved. Therefore, the trial court erred by holding as a matter of law that defendants could not have proximately caused Gamze’s injuries.
B. PREMISES LIABILITY
We now turn to plaintiff’s premises liability claim. Because Gamze was an invitee on the Camp’s premises, defendants owed a duty to “‘exercise reasonable care to protect [her] from an unreasonable risk of harm caused by a dangerous condition on the land.’” Benton v Dart Properties, Inc, 270 Mich App 437, 440; 715 NW2d 335 (2006), quoting Lugo v Ameritech Corp, Inc, 464 Mich 512, 516; 629 NW2d 384 (2001) (emphasis added). Plaintiff must show that the duty was breached and that the breach proximately caused her injuries. Benton, 270 Mich App at 440.
However, Gamze was not harmed by a dangerous condition “on the land.” Instead, she was harmed when Lisner pulled the flagpole out of the ground and began running with it. The danger arose solely because of the actions of the participants and not because of [*11] an inherent condition of the premises. Thus, plaintiff’s claim properly sounds in negligence, not premises liability.
Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction. No costs are taxable pursuant to MCR 7.219, neither party having prevailed in full.
/s/ Kurtis T. Wilder
/s/ Joel P. Hoekstra
/s/ Stephen L. Borrello
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2012/2013 edition of the Illuminare: A Student Journal in Recreation, Parks, and Leisure Studies is available
Posted: April 26, 2013 Filed under: Youth Camps, Zip Line | Tags: Arizona State University, Auckland University of Technology, Canada, Clemson University, Girne American University, North Carolina State University, Old Dominion University, University of Wisconsin–La Crosse, x, y, z Leave a comment »We are excited to announce that the 2012/2013 edition of the Illuminare: A Student Journal in Recreation, Parks, and Leisure Studies is available from the following link: http://www.scholarworks.iu.edu/journals/index.php/illuminare/index.
We would like to thank all of those involved in the success of this year’s issue. Illuminare reviewers represented 18 universities throughout the U.S., Canada, Ireland, Belgium, Cyprus, Australia, and the Netherlands, including the following: Arizona State University; Auckland University of Technology; Clemson University; Edwin Cowan University; Girne American University; Limerick Institute of Technology Ireland; North Carolina State University; Oklahoma State University; Old Dominion University; Temple University; Pennsylvania State University; Universite Libre de Bruxelles; University of Florida; University of Georgia; University of Waterloo; and University of Wisconsin – La Crosse.
If you would like a full PDF version of Vol. 11, please email Lauren Duffy at lnduffy.
Thanks for your continued support!
Illuminare Editorial Board
Lauren Duffy
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Colorado Alliance for Environmental Education 2013 Awards Celebration (no matter what the date says..)
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Results of the High Water Flows in the Grand Canyon were not as great as expected……..duh!
Posted: February 5, 2013 Filed under: Youth Camps, Zip Line | Tags: x, y, z Leave a comment »Latest Grand Canyon Flood Flow Shows Disappointing Results
Two months after the end of the latest Grand Canyon flood flow, results were
reported to the Technical Working Group of the Grand Canyon Adaptive
Management Program by the Glen Canyon Monitoring and Research Center in
Phoenix, Arizona last Wednesday.
Although it was hoped that the controlled high water flow would improve
habitat for native fish and restore eroded beaches, it was found that just
55% of the target beaches showed improvements, while 36% remained the same
and 9% were worse off. 25% of the sediment scientists had hoped to mobilize
and distribute with the flood never moved and there is no evidence of
improved nursery habitat for native fish.
Since 1963, 95% of sediment inflows to Grand Canyon National Park‘s river
corridor have been trapped behind Glen Canyon Dam. This has completely
transformed habitat conditions for Grand Canyon native fish, leading to the
extinction of the Colorado pikeminnow, razorback sucker, bonytail chub and
roundtail chub, and the endangerment of the humpback chub.
“Secretary [of the Interior] Salazar claimed that this was going to be ‘A
milestone in the history of the Colorado River‘, but like the three previous
experiments in 1996, 2004 and 2008, it too has shown that at best some
beaches are temporarily improved, but the long-term prognosis for the Grand
Canyon is a system without sediment,” says Living Rivers Conservation
Director John Weisheit.
The November 19th 2012 flood is the first to occur in a ten-year time window
that scientist have been granted to experiment with Glen Canyon Dam
operations. Additional controlled floods can be attempted if certain
conditions are met, mainly the existence of large amounts of sediment
entering the Colorado River from two tributary rivers that feed into the
upper part of Grand Canyon, the Paria and Little Colorado.
“Far too much public time and money is wasted on preparing for, publicizing,
executing and monitoring these useless floods that do nothing but perpetuate
a science welfare program masquerading as an endangered species recovery
effort,” adds Weisheit. “Scientist know, but won’t publicly state, that the
only real solution to addressing Grand Canyon’s sediment deficit is to
transport it around Glen Canyon Dam or decommission the dam altogether.”
For more information, see: Grand Canyon Monitoring and Research Center
www.gcmrc.gov, 928-556-7380. An entertaining and informative commentary blog
can be read at www.charliechub.com. Living Rivers is the parent organization
of River Runners for Wilderness and is based in Moab, Utah. The organization
seeks to promote restoration and revitalization of the rivers of the
Colorado Plateau damaged by dams, diversion and pollution. See more at
www.livingrivers.org.
Volunteers Needed to Help the Premier of “Climb to Glory”
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Three websites to help you find a job at a State Park
Posted: December 18, 2012 Filed under: Youth Camps, Zip Line | Tags: Island Beach State Park, Jobs, Park, State park, State Parks, State Parks Jobs, Travel and Tourism Leave a comment »State Park Jobs – Interviews with Park Personnel
Find out everything you need to know about state park jobs. Search by state to read interviews with a number of park personnel who provide first-hand information on what it is like to work for a state park system as a ranger, manager, wildlife biologist, and other positions. You’ll learn about the type of training that is required, what experiences are helpful, and tips to obtain state park jobs.
State Park Jobs – Interviews with Park Personnel
Search for state park jobs by job title to read interviews with a number of park personnel who provide first-hand information on what it is like to work for a state park system as a ranger, manager, wildlife biologist, and other positions. You’ll learn about the type of training that is required, what educational background is required, and tips on obtaining state park jobs.
State Park Jobs
Includes links to job openings at state parks, by Cool Works.
http://usparks.about.com/od/stateparkjobs/State_Park_Jobs.htm
Avalanche Center 2012-13 Newsletter #02
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Colorado State Board of Education passed the CO Environmental Educational Plan!
Posted: December 6, 2012 Filed under: Youth Camps, Zip Line | Tags: CAEE, Colorado, education, Environment, Environmental Education, x, y, z Leave a comment »It’s time to celebrate!!!! I wanted these two committees to be the first to know that the State Board of Education met today to be presented with the final draft of the Environmental Education Plan and in a surprise move, they voted on the motion, and officially passed and adopted the plan!!!! It passed with Bipartisan support (only 2 no votes) and the acknowledgement that this work is happening in schools across Colorado!
This is a very exciting day! Thank you so much for all your hard work over the past 3,4,5 years in putting all the pieces into motion to make this happen. I can’t tell you how excited I am- I have already cried a couple of times. This is the first step in really making EE a part of the educational experience for all Coloradans.
We will be following up with a press release in the next few days to let everyone know and information on how to thank your state board representatives and the team at CDE and DNR. We had a real champion in Elaine Gantz Berman and several very supportive board members.
This came from Katie Navin of the Colorado Alliance of Environmental Education (CAEE). CAEE got the first state EE plan passed with the help of many organizations, public, private and non-profit. However the greatest part of the Thanks because of the greatest part of the drive, energy, enthusiasm (way too much enthusiasm) and leadership goes to Katie Navin of the CAEE.
Thanks Katie!
If you are interested in how this happened, want to help create and get plans adopted in your state become a member of CAEE (its ony $35) and learn how!!
Journal of Leisure Research Vol. 44 No. 4
Posted: November 27, 2012 Filed under: Youth Camps, Zip Line | Tags: University of Illinois, x, y, z Leave a comment »
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Capitol Christmas Tree Sendoff Celebration
Posted: November 6, 2012 Filed under: Youth Camps, Zip Line | Tags: x, y, z Leave a comment »
Capitol Christmas Tree Sendoff Celebration and Donation Drop Off LocationSunday, November 11, 2012
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GEMS card now available at Credit Union of Colorado
Posted: October 30, 2012 Filed under: Youth Camps, Zip Line | Tags: Arapahoe Basin, Credit Union, Gem’s Card, Ski Cooper, Ski Resort, skiing Leave a comment »Colorado Ski Country USA Gems Cards Now Available at Credit Union of Colorado
New Flash Deals Headline 2012/13 Season Gems Card
East Wall at Arapahoe Basin
DENVER, Colo, – Oct. 26, 2012 -Skiers and snowboarders can now benefit from saving on winter ski deals by purchasing a Colorado Gems Card for $10 at any of the Credit Union of Colorado’s 15 statewide locations. The cards are issued by Colorado Ski Country USA, and provide a variety of discounts – including new, time-sensitive Flash Deals – at eight of Colorado’s ski areas.
Credit Union of Colorado is a CSCUSA corporate partner, as well as a Gems program partner, and the primary retail outlet for the cards while supplies last. The Credit Union’s branch locations can be found at www.CUofCO.org.
Credit Union of Colorado also is an official partner for CSCUSA’s 5th and 6th Grade Passport Program, which provides free skiing and snowboarding for 5th graders and inexpensive access for 6th graders. For details on the Passport programs please visit www.ColoradoSki.com/Passport.
The Gems ski areas are Arapahoe Basin, Eldora, Loveland, Monarch, Powderhorn, Ski Cooper, Ski Granby Ranch and Sunlight Mountain. Gems Card offerings vary at each ski area. For details or to purchase a card online please visit www.ColoradoSki.com/Gems.
DEADLINE: MON, OCT. 29- EPA Small Grants Program in Colorado
Posted: October 25, 2012 Filed under: Youth Camps, Zip Line | Tags: CAEE, Colorado Alliance of Environmental Education, EPA, Grants Leave a comment »DEADLINE: MON, OCT. 29- EPA Small Grants Program in Colorado
The Colorado Alliance for Environmental Education is coordinating Colorado proposals for the EPA Region 8 Small Grants Programs.
The deadline to submit a proposal is Monday, October 29.
This grant is seeking proposals that demonstrate inclusive environmental education that addresses strategies outlined in the Colorado Environmental Education Plan and includes a component that can be disseminated among the environmental education community. You can find a brief summary of the request for proposals below.
You can find more information and download the grant application from the Colorado section of the Region 8 Small Grants Website. http://usee.org/resources/region8grants
If you have any questions, it is preferred that you email questions initially to outreach
Request for Proposals Summary:
The primary goal of this program is to deliver high quality coordinated environmental education across the states in EPA Region 8. All of the states in this region have been working towards assessment-driven environmental literacy initiatives that serve EPA’s educational and environmental priorities.
Environmental Literacy in Colorado is defined as an individual’s understanding of how their actions and decisions affect the environment so they can act on that understanding in a responsible and effective manner. The Colorado Environmental Education Plan, expected to be adopted in 2012, is setting the direction for environmental literacy initiatives in the state. Strategies in the plan include building awareness and sharing standards-based environmental education tools, resources, and expertise, which is the focus of this request for proposals. Find out more about the strategies in the Draft Colorado Environmental Education Plan athttp://www.cde.state.co.us/otl/environmentaleducationplan.htm. Successful proposals will address strategies outlined in the plan, demonstrate inclusive environmental education, and include a component that can be shared or disseminated among the environmental education community and through the Online Network for Environmental Education at www.coloradoee.org
Thank you! Malinda
Worldwide warning to users of via ferrata sets
Posted: September 25, 2012 Filed under: Youth Camps, Zip Line | Tags: Bern, International Olympic Committee, UIAA, Via Ferrata Leave a comment »
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If you are a pro in the outdoor industry you could take advantage of these deals. Sign up now for www.outdoorprolink.com
Posted: August 31, 2012 Filed under: Youth Camps, Zip Line | Tags: Mountain Hardwear, Pro-Deal, Tent 1 Comment »
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Congressional end run on Grand Canyon National Park overflights – need your help!
Posted: July 4, 2012 Filed under: Youth Camps, Zip Line | Tags: Grand Canyon, National park, Overflights 1 Comment »Calling all Grand Canyon National Park Advocates:
Don’t know if you saw the AZ Republic front page headline the other day, but Congress (mainly Senators McCain and Kyl and Congressman Gosar in the House of Representatives) has basically torpedoed the Overflights EIS by sneaking in an amendment to the enormous transportation bill that just passed. The amendment basically locks in the status quo and may negate any improvements the park would make in the yet-to-be-released Final EIS and Record of Decision. You can read the article here:
Also, please see the attached fact sheet about this current situation. We’re asking for park advocates like you to write letters to the editors to their local newspapers expressing your thoughts (disbelief, displeasure, outrage, all of the above…) about this end run by Congress, the enormous waste of taxpayer dollars, and the disenfranchisement of all of us who weighed in on the draft EIS in order to restore natural quiet in our icon park. Why should noisy commercial air tours be allowed to damage the Grand Canyon’s natural quiet?
To make things easy, here are a few links to the “letter to the editor” forms for newspapers that may be in your area:
Arizona Daily Sun: http://azdailysun.com/html_c0113bdc-e0b2-11e0-b7b2-001cc4c002e0.html
Arizona Republic: http://www.azcentral.com/arizonarepublic/opinions/sendaletter.html
Prescott Daily Courier: http://www.prescottaz.com/Formlayout.asp?formcall=userform&form=1
Las Vegas Sun: http://www.lasvegassun.com/contact/letters/
Salt Lake City Tribune: http://www.sltrib.com/pages/help/ (scroll down for instructions)
If you don’t see your newspaper listed here, it is easy just to Google it. GCRG has members in all fifty states, so lets’ do a media blitz!
And if you’d also like to decry this Congressional sneak attack and “end run” around the EIS process direct to your Congressional representatives, you can do so at: http://www.contactingthecongress.org/
This was a complete surprise to the NPS and indeed to many other Congressional representatives who are environmental friends as well. It remains to be seen how the NPS will respond and what the fate of the EIS will be. But we’re not ready to give up….
Thanks for your help and please forward as you see fit.
Grand Canyon River Guides
Overflights Fact Sheet 07 03 2012 – final-1.pdf
You’re Invited to the 2012 International Climbers’ Meet, hosted by the AAC
Posted: June 7, 2012 Filed under: Youth Camps, Zip Line | Tags: #AAC, American Alpine Club, Climbing, Edmund Hillary, George Lowe, International Climber’s Meet, Mount Everest, Rock climbing, Tenzing Norgay, Yosemite, Yosemite National Park, Yosemite Valley Leave a comment »
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Pathways to Natural Resources Careers Summit
Posted: April 17, 2012 Filed under: Youth Camps, Zip Line | Tags: #BLM, #CYCA, Bureau of Land Management, Careers, Colorado Parks & Wildlife, Colorado State University, Cornell University, Employment, Natural resource, Natural Resources, Youth Leave a comment »I am pleased to announce that we will be holding our follow-up meeting to the Pathways to Natural Resources Careers Summit on April 24th from 9:00 to 11:30 in the Hunter Education Room of the Colorado Parks & Wildlife building located at 6060 Broadway, Denver, CO 80216. The agenda for this event was generated by participants who attended the Pathways to Natural Resources Careers Summit held on February 23rd, co-hosted by CYCA and BLM.. With record numbers of Agency staff poised to retire and youth and young adult unemployment at 20%, this issue is of great importance.
The primary request at the conclusion of the February Summit was to conduct an inventory of existing resources for assisting young people to chart careers in natural resources – especially in State and Federal agencies. To that end, on April 24 we will:
1 – conduct a resource inventory
2 – identify resource gaps (by geographic area, age group, and target population)
Bureau of Land Management logo (Photo credit: Wikipedia)
3 – identify 2-3 action steps we can take in the next 12 months to fill those gaps
As such, please bring any and all of the electronic or hard copy resources you have that pertain to creating a path to employment in the natural resources sector. We will have laptops, and a projector and screen to enable review of electronic resources; please bring several copies of your hard copy materials for review by small groups. Load e-resources on a flash drive. If you are not able to attend, we encourage you to submit resources to us in advance so that they can be considered during the meeting. Please send them to Grant Sanford (gsanford).
Even if you were not able to attend the February Summit, we encourage you to attend this meeting and offer your insight on the topic.
I have attached the summary document from the first Pathways Summit compiled by facilitator Wendy Newman. As this summary illustrates, there are a number of short-term goals that we can collectively achieve through a focused effort. The first step is determining what resources are immediately available and what remains to be created, refined, and implemented. Your assistance and contributions are critical in achieving these goals and ultimately providing natural resource career opportunities to a broad base of young people.
There is no charge for the meeting. To RSVP, follow this link: nweil or 303-863-0603.
Light breakfast refreshments along with coffee and tea will be provided; please bring your own beverage container. RSVP by Tuesday, April 17, 2012.
Feel free to forward this email to other interested individuals.
Pathways_ConclusionsFINAL.docx
Ecotourism and Sustainable Tourism Conference 2012
Posted: April 12, 2012 Filed under: Youth Camps, Zip Line | Tags: #Ecotourism, #ESTC12, #Sustainable, #Tourism, Conference, Ecotourism and Sustainable Tourism Conference 2012, Recreation, Travel Leave a comment »Ecotourism and Sustainable Tourism Conference 2012
The Ecotourism and Sustainable Tourism Conference 2012 has officially released its Call of Posters. Please help us get the word out. Here is the link: http://www.ecotourismconference.org/estc12-poster-session. The registration for the conference is also open at this time. Please feel free to contact me with any questions.
Thanks!
Mercedes Hunt, Events Manager
The International Ecotourism Society | www.ecotourism.org
p: +1 202 506 5033 ext x12
e: mhunt
ESTC on Facebook: ESTC.Tourism
ESTC on Twitter: @ESTC_Tourism | Join the Conversation! #ESTC12
Ecotourism and Sustainable Tourism Conference (ESTC) |www.ecotourismconference.org
The ESTC brings together innovative minds from across the industry to discuss practical ideas and solutions that inspire positive changes. Sept 17-19, 2012, Monterey, California, USA
Colorado Alliance Experiential Education Environmental Ed Conference-Teaching Outside the Box Conference
Posted: April 10, 2012 Filed under: Colorado Alliance of Environmental Education, Youth Camps, Zip Line | Tags: CAEE, Colorado Alliance of Experiential Education, education, Environment, Environmental Education, Massachusetts, Organizations, Outdoor Programs, Professional development, Teaching Outside the Box Leave a comment »Please find information below about the Colorado Alliance for Environmental Education‘s annual Environmental Education Conference-Teaching Outside the Box. The deadline to register with the early bird rates is April 1. Please find more details below and visit our website. Have a great day! http://www.caee.org/civicrm/event/info?reset=1&id=2
Teaching OUTSIDE the Box 2012
April 27- April 29, 2012 ~ Loveland, CO
La Quinta Inn’s and Suites
What is Teaching OUTSIDE the Box?
Teaching OUTSIDE the Box is an action-packed workshop that brings together the best in environmental education for a weekend of engaging presentations, networking, resource sharing, and more…
This conference is for:
Teachers, Interpreters, Environmental Educators, Youth Group Leaders, Naturalists, anyone who appreciates and wants to learn about environmental education – and YOU!
Workshop Topics include…
Nature and the Outdoors * Stewardship and Sustainability * Research, Trends and Techniques * Arts and Culture * Technology * And More!
Click here for more information on the sessions being offered: http://www.caee.org/schedule-and-sessions
The conference is full of professional development opportunities including sessions:
· With fresh ideas for your classroom (hands-on activities, service learning, climate change, and more)
· About new trends in environmental education (certification, quality assurance)
· To make your life easier (communications, grant writing, volunteer management, publicity)
· To inspire you (successful EE collaborations, nature journaling)
· To rejuvenate you (yoga, movement, astronomy)
Become a member and get a discount of up to $50 on registration.
For more information and to register: http://www.caee.org/civicrm/event/info?reset=1&id=2
When
April 27th, 2012 9:00 AM through April 29th, 2012 5:00 PM
Location
La Quinta Inn and Suites 1450 Cascade Ave Loveland, CO 80537
Contact Phone: info
If you Listen to the FredCast, and who doesn’t, Take this Survey
Posted: March 15, 2012 Filed under: Cycling, Youth Camps, Zip Line | Tags: Bicycling, Cycling, Fred, FredCast, Podcast, The Wall Street Journal Leave a comment »
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Illinois lawsuit filed over drowning death of a man at a summer camp.
Posted: December 20, 2011 Filed under: Michigan, Summer Camp, Swimming, Youth Camps | Tags: Adventure travel, Law, Outdoor recreation, Recreation, summer camp Leave a comment »Claims seem to be based on whether or not there was lighting to swim at night.
The deceased was a fifteen year-old person who drowned while attending a summer camp. Supposedly, he was swimming after dark, after 9:00 PM. The allegations claim that there must be adequate lighting to swim after dark.
What lighting has to do with finding someone after dark in a lake is a little confusing. However, it does not matter if the rule or law makes no sense, you must abide by it.
Most of the information for the article seems to come from the attorney for the plaintiffs. Obviously, the information is slightly slanted……
But?
What can you as the defendant do then? If you respond to the allegations, you can harm a defense, and for sure you will just start a PR war with the plaintiff’s.
Worse you will be caught off guard because the plaintiff will spend days preparing their press release to be given at a press conference, and you will be contacted on the phone by a reporter and given 15 seconds to respond.
Don’t.
Tell the reporter you will look at the press release and review the press conference, and you will have a response. Whatever else the reporter may say, do not worry about it. They’ll argue deadlines; you need to respond, and you can have them read the press release to you. It is all a setup, don’t take the bait.
The only people you really have to make sure understand the truth is the jury from a liability perspective.
However, you also have a business to run, and you need to make sure the plaintiff’s allegations don’t sink your business. Hire an attorney and a PR team and respond. Have your attorney set up a press conference and refute the plaintiff’s allegations.
You have to take a beating, and maybe you’ll have nothing to say at a press conference. If that is the case, you’ll suffer through the slings and arrows of the plaintiff and the press.
However, you do not have the skills, education, training or temperament to deal with a response or the press.
Don’t.
To read the article see Buffalo Grove family sues campground for son’s drowning death.
What do you think? Leave a comment.
Copyright 2011 Recreation Law (720) Edit Law
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North Carolina may allow a parent to sign away a minor’s right to sue for injuries when the minor is engaged in non-profit activities sponsored by schools, volunteers, or community organizations
Posted: November 23, 2011 Filed under: Case Analysis, North Carolina, Youth Camps | Tags: Adventure travel, Camp Lejeune, JimMoss, Marines, Minor, NC, North Carolina, North Carolina Supreme Court, Ropes course Leave a comment »Kelly v. United States of America, 2011 U.S. Dist. LEXIS 89741
However, the decision was not made by the North Carolina Supreme Court and not a ruling by the court and the actual legal issue.
In this case the plaintiff, a fifteen year old minor went on an orientation visit to Camp Lejeune as part of her Navy Junior Reserve Officer Training Corps program at her high school. While participating in the confidence course (or what used to be called the obstacle course) she was injured. Her injuries were not identified in the lawsuit; however, she was suing for $10,000,000.00.
The minor could not attend the camp unless she and her mother signed the release.
The reason for the decision was based on the plaintiff’s motion to strike the defendants’ answers. This is a preliminary motion that attempts to knock out the specific defenses of the defendant. One of the defenses the plaintiff attempted to eliminate was the defense of release.
This order and decision from the court are not a final decision on the merits of the case. This is only a preliminary motion; however, it is interesting in how the court ruled on the issue of the mother signing the release.
So?
Image via Wikipedia
The court reviewed release law in general and found that in North Carolina, releases are generally enforceable. Releases are strictly construed against the party attempting to enforce them (the defendants). To be valid in North Carolina a release cannot be enforced if it:
(1) is violative of a statute;
(2) is gained through inequality of bargaining power; or
(3) is contrary to a substantial public interest.
The release in this case did not violate any of the above three prohibitions.
The court then looked at whether the release signed by the minor plaintiff was valid. Under North Carolina law, like all other states, a release signed by a minor is voidable by the minor unless it meets rare exceptions. The exception to the contract prohibition is contracts for necessities or when a statute allows a minor to sign a contract. Here, neither of these issues was the reason the release was signed. So the release signed by the minor has no value and is void.
The court then looked at the release signed by the mother. The court found that a minority of states that had looked at the issue, had found releases for minors signed by parents so the minor could engage in “non-profit activities sponsored by schools, volunteers, or community organizations.”
The analysis then looked at whether the North Carolina Supreme Court would hold the same way. The activity the minor engaged in was extracurricular and voluntary and done for the benefit of the child. As such the court held the North Carolina Supreme Court would hold the release valid.
So Now What?
Before a rule, law can be cast in wet concrete (nothing is ever cast in stone) it must be decided by the highest court in the state. Here, the federal court looking at the issue made the decision. The North Carolina Supreme Court at some later time could decide that this is not the way it wants to rule.
Furthermore, the ruling is not that the release signed by the mother is valid. The ruling is the defense of release being argued by the defendant is not thrown out by the court. The legal issue of whether or not the release is a valid release under North Carolina law is still at issue.
The decision is important and will probably be followed later in the case, but there is no guaranty. However, it is a positive step to stop lawsuits.
What do you think? Leave a comment.
Copyright 2011 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
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Release stops suit for falling off horse at Colorado summer Camp.
Posted: April 18, 2011 Filed under: Case Analysis, Minors, Youth, Children, Release / Waivers, Youth Camps | Tags: Appellate Court, Child, Colorado, Gross negligence, Hamill, Minor, Parental Responsibility, Parental Rights, Rock climbing, Summary judgment, summer camp Leave a comment »Hamill v. Cheley Colorado Camps, Inc., 2011 Colo. App. LEXIS 495
I always enjoy it when people with money, sue to get more money…..
In this case, the minor plaintiff fell off a horse and suffered a broken arm. She sued for her damages. What makes this sort of amusing is the minor had attended the camp two prior years. Her mother has signed the release three consecutive times. However, the plaintiff sued.
The allegations in the complaint were the wrangler had inappropriately saddled the horse she rode. This is a classic claim used to get around equine liability acts. Equine liability acts are 100% effective. Since they have been passed no horse has been sued. However, suits against horse owners have increased.
For additional articles about equine (horse) lawsuits and why Equine Liability Acts have little value see: $2.36 M awarded to a boy kicked by horse during inner-city youth program and $1.2 M award in horseback riding fatality in Wyoming.
The district court (trial or first court) granted the defendant camp’s motion for summary judgment. And the Plaintiff appealed. The basis for the appeal was:
she was a minor and her mother did not make an informed decision, the agreement did not extinguish her negligence claims and that disputed material facts preclude the grant of summary judgment on her gross negligence claim.
The first issue the court reviewed was whether the release was valid under Colorado law. The court found there were four tests that had to be met for the release to be valid.
(1) the existence of a duty to the public;
(2) the nature of the service performed;
(3) whether the contract was fairly entered into; and
(4) whether the intention of the parties is expressed in clear and unambiguous language.
B & B Livery, Inc. v. Riehl, 960 P.2d 134, 136 (Colo. 1998) (citing Jones, 623 P.2d at 376).
The court found the first two tests were met because recreational activities create no duty to the public and are not necessary for living.
The next test was whether the contract was fairly entered into. This is a case of whether the injured party had the opportunity to go somewhere else or not participate. Whether one party was at the mercy of the other party because of unequal bargaining power. However, again, recreational activities are not something that a parent or participant is forced to undertake. On top of that the mother admitted she voluntarily signed the release…..three times.
More importantly the court found the plaintiff could have attended other camps. She was not forced to attend the defendant camp.
The last test also can be examined multiple ways. First way is, is the agreement plan on its face is it written in such a way that the parties understand what it says or should have understood what it said. Another way is whether the agreement, the release, clearly evidenced the intent of the party’s.
Here you can release one party from negligent conduct as long as the intent of the parties is clearly expressed in the contract. Here the release expressly contained language that the court found was clear to the plaintiff and her mother of the intent of the release.
The agreement sufficiently placed Hamill’s mother on notice that the “[e]quipment used . . . may break, fail or malfunction” and that “counselors . . . may misjudge . . . circumstances.” The breadth of the release persuades us that the parties intended to disclaim legal liability for negligence claims. Indeed, misjudging a situation can amount to negligence.
The classic I now did not understand the release is also looked at this point, and the court rejected that argument.
An agreement with such plain and unambiguous terms will not fail because one of the parties, in hindsight, now claims to have misunderstood the scope of that agreement — to govern only conduct outside of Cheley’s control — based on ambiguities not readily apparent within the four corners of the agreement.
The court succinctly summed up its decision about the release stating:
Because the agreement did not implicate a public duty, did not involve an essential service, was fairly entered into, and it plainly expressed the intent to release prospective negligence claims, we hold that the agreement is valid.
The court then reviewed the recently enacted Colorado statute allowing a parent to sign away a minor’s right to sue C.R.S. § 13-22-107. A recent decision by the Colorado Appellate court had thrown out a release signed by a mother because it was not sufficient to meet the requirements of the statute. See Releases are legal documents and need to be written by an attorney that understands the law and the risks of your program/business/activity and your guests/members/clientele which discussed the case Wycoff v. Grace Community Church of the Assemblies of God, 2010 Colo. App. LEXIS 1832.
The statute requires the parent who is signing a release for a minor to be voluntary and informed. The court stated that “A parent’s decision is informed when the parent has sufficient information to assess the potential degree of risks involved, and the extent of possible injury.” quoting Wycoff v. Grace Community Church of the Assemblies of God, 2010 Colo. App. LEXIS 1832.
Here the mother and the plaintiff knew of the risks because the plaintiff had attended the camp two prior years and had ridden horses those two years.
The final argument was made that the release did not bar claims for gross negligence. However, the court found the complaint and the other documents in the case did not plead any facts giving rise to a claim that would be a gross negligence claim. Under the Colorado law gross negligence is “willful and wanton conduct, that is, action committed recklessly, with conscious disregard for the safety of others.” Nothing in the documents indicated the defendant had acted willfully or wantonly.
One interesting part of this case was a statement quoted in the case from a deposition of the mother. The defendant’s attorney referred to Christopher Reeves, who suffered a fall from a horse becoming a quadriplegic and eventually died from the injuries. The mother answered she personally knew Mr. Reeve. If you want to do a little research, match the names of the parties, and determine who would know other movie stars.
So?
Again and again, and again, make sure you have a well written release. That was the first and best thing done in this case. The release stood up to scrutiny by the trial court and the appellate court.
The next thing is always have good facts. The court pointed out the wrangler checked the saddle two or three times before the plaintiff rode the horse which eliminated the gross negligence argument. Good facts do not mean to only defend yourself when you are going to win. It means to do things right, and you don’t have to worry and if you do have a problem you will win.
Here the wrangler had been well trained in how to deal with the situation and problems of kids at summer camps riding horses. Before the plaintiff was allowed to mount the horse the saddle was checked and double checked.
So Now What?
Hire well, train well and treat well; the three ideas to keep employees part of your defense team. Your employees do not need to lawsuits and not have a lawsuit become a forum for any employee to come back at you.
See 7 Mistakes Made by People, who are called Defendant. Hire good people to begin with. Work hard at hiring people who like people and understand the job. The job is not to show off to little kids about how great a horseman you are, the job is to get kids on horses and have them have a good time. The job is to have the kids leave the ring the same way they entered the ring with a big grin on top of a horse.
Never hire for skills except people skills. You can teach anyone to ride a horse, row a raft or run a ropes course. Finding someone who can remember to double check everything, deal with a problem child and entertain at the same time is a little harder. However, those people are out there, work harder and find them.
7 Mistakes Made by People who are called Defendant.
1. Hire and retain Uncaring Employees: Hire Well, Train Well, and Treat Well
2. Failing to Know Your Customers and why they are buying from you.
3. Failing to Treat Your Customers the Way They Want to Be Treated:
4. Examining the problem from Your Perspective: Your customer sees the problem differently than you. The customer may not even understand the problem.
5. Placing a ridiculous value on principles and pride. Principles & Pride Goethe before a Lawsuit
6. Never know Why you are being sued: Sticking your head in the sand, or passing the problem to a lawyer does not resolve the problem.
7. Forgetting What Your Mother Taught You: If you act like your mother taught you, you won’t be sued.
What do you think? Leave a comment.
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