2013 National Extension Tourism (NET) Conference Registration is Open
Posted: May 18, 2013 Filed under: Conferences | Tags: #Tourism, Detroit, Fort Shelby, Michigan, Outdoor recreation, Rock climbing, Social Sciences, summer camp, x, y, z Leave a comment »Colleagues: For your information, registration for the 2013 National Extension Tourism (NET) Conference, to be held in Detroit, MI, August 6-9, 2013, is now open. Visit http://extensiontourism.net/conference/net-2013-registration/ for more information.
Steven W. Burr, Ph.D.
Associate Professor of Recreation Resources Management
Director, Institute for Outdoor Recreation and Tourism
Extension Specialist in Outdoor Recreation and Tourism
5220 Old Main Hill
Logan, UT 84322-5220
(435) 797-7094 Office
(435) 797-4048 Fax
email: steve.burr
website: www.extension.usu.edu/iort
The 2013 National Extension Tourism (NET) Conference will be held August 6-9, 2013, in Fort Shelby, Michigan. Visit the NET website at http://www.extensiontourism.net/ for more information.
2013 NET Conference Flyer_final.pdf
Therapeutic Recreation Journal has issued a Call for Editor
Posted: April 27, 2013 Filed under: National Recreation & Parks Association | Tags: Journal, National Recreation, National Recreation & Park Association, NRPA, NRPA Congress, Park Association, Recreation, Recreational therapy, x, y, z Leave a comment »The Therapeutic Recreation Journal has issued a Call for Editor. Information about this position can be found below or in the attached PDF. Please
forward this information to those who might be interested in this great opportunity.
Thank you and have a great weekend.
William Anderson
Director of Sales and Marketing
Sagamore Publishing LLC
C A L L F O R E D I T O R
TERM: Jan. 1, 2014-Dec. 31, 2016
Therapeutic Recreation Journal
The National Recreation and Park Association (NRPA), with the
![English: Official Logo of NRPA[1].](http://commons.wikipedia.org/wiki/File:NRPA_Logo.gif "English: Official Logo of NRPA[1]."){kind=logo}
assistance of Sagamore Publishing, LLC, is currently seeking candidates
for the position of editor for the Therapeutic Recreation Journal (TRJ).
The Therapeutic Recreation Journal is a renowned, peer-reviewed, quarterly
publication devoted to publishing scholarly and substantive manuscripts
in the field of therapeutic recreation. The Journal provides a national
forum for research and discussion on the needs of persons with
disabilities, problems confronting the profession, new vistas of services,
and receiving therapeutic recreation services. The Journal seeks materials
that are theoretically, empirically, or practically based and substantive in
the sense of proposing, discovering, or replicating knowledge in the field
of therapeutic recreation.
The information provided below outlines qualifications and responsibilities for the position. The
editor of TRJ has a tremendous opportunity to significantly impact the therapeutic recreation
field.
TRJ Editor Qualifications and Responsibilities
Qualifications
1. Recognized, scholarly contributions to the field of leisure, recreation, and therapeutic recreation
2. Awareness and understanding of the theory and methods of multidisciplinary approaches to the
study of recreation, and therapeutic recreation
3. Certified Therapeutic Recreation Specialist (CTRS) preferred
Duties
1. Be responsible for receiving, reviewing, and selecting the material that will make up the Therapeutic
Recreation Journal using the Manuscript Management System provided by Sagamore Publishing.
2. Be responsible for maintaining the office of the Editor of the Therapeutic Recreation Journal and its
attendant requirements and duties.
3. Supervise the work of the Associate Editors and reviewers.
4. Be responsible for conducting the search for and selection of new Associate Editors.
5. Be responsible for organizing and conducting the meeting of the Associate Editors held annually
during the NRPA Congress.
6. Maintain close communication with Sagamore Publishing, LLC, who will serve as the Managing
Editor.
7. Be responsible for implementing editorial policies and procedures as determined by the Editor,
NRPA, Sagamore Publishing, and the Associate Editors.
Required Institutional Support
The host institution needs to certify that the following support is available for the Editor:
1. Sufficient release time for the Editor to enable the successful fulfillment of the responsibilities.
2. Necessary administrative support for the Editor and necessary clerical support equipment.
3. Adequate office space.
4. Travel expenses for the Editor to attend the annual meeting of the editorial staff at NRPA Congress.
5. Ability to assume partial costs of institutional overhead expenses for mailing, printing, forms, phone
calls, and miscellaneous supplies. A stipend of $4,000.00 will be paid for this position.
Information to be Submitted with the Nomination or Application
1. A cover letter stating the candidate’s desire to be editor including comments regarding philosophy or
approach to the position of Editor, as well as any appropriate changes that might be made in the
Journal.
2. An up-to-date personal resume or academic vitae.
3. A statement from the supervisor indicating that the institution is willing to provide necessary
support requested in the preceding section.
4. Other materials that the applicant deems appropriate.
Deadline
Application materials must be received by October 15, 2013. NRPA and Sagamore Publishing, LLC will
review the nominations and officially appoint the new Editor by November 30, 2013, who will be
responsible for the first issue of the Therapeutic Recreation Journal in 2014.
Direct Applications and Questions to:
Peter Bannon
President
Sagamore Publishing, LLC
pbannon
1807 N Federal Drive
Urbana, IL 61801
800-327-5557
Win a Climbing Trip to Hueco Tanks courtesy of the American Alpine Club
Posted: April 20, 2013 Filed under: American Alpine Club (AAC) | Tags: #AAC, American Alpine Club, Contests and Sweepstakes, Hueco Tanks, x, y, z Leave a comment » |
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Have you seen or heard of these in the US?
Posted: April 17, 2013 Filed under: National Ski Patrol (NSP), NSAA (National Ski Area Association), Skiing / Snow Boarding | Tags: Federation International de Ski, FIS, FIS Rules, International Ski Federation, National Ski Area Association, National Ski Patrol, NSAA, NSP, Piste, Ski, Ski Resort, Snowboard, SnowSports Industries America, Winter sport, Your Responsibility Code Leave a comment »10 FIS Rules for skiing and snowboarding
Here in the US we know Your Responsibility Code (or one of the million variations.) The FIS Rules are similar but different. FIS or International Ski Federation, Federation International de Ski is mostly own for making the rules for ski races. However, outside of the US FIS is the ski association.
1. Respect for others
A skier or snowboarder must behave in such a way that he does not endanger or prejudice others.
2. Control of speed and skiing or snowboarding
A skier or snowboarder must move in control. He must adapt his speed and manner of skiing or snowboarding to his personal ability and to the prevailing conditions of terrain, snow and weather as well as to the density of traffic.
3. Choice of route
A skier or snowboarder coming from behind must choose his route in such a way that he does not endanger skiers or snowboarders ahead.
4. Overtaking
A skier or snowboarder may overtake another skier or snowboarder above or below and to the right or to the left provided that he leaves enough space for the overtaken skier or snowboarder to make any voluntary or involuntary movement.
5. Entering, starting and moving upwards
A skier or snowboarder entering a marked run, starting again after stopping or moving upwards on the slopes must look up and down the slopes that he can do so without endangering himself or others.
6. Stopping on the piste
Unless absolutely necessary, a skier or snowboarder must avoid stopping on the piste in narrow places or where visibility is restricted. After a fall in such a place, a skier or snowboarder must move clear of the piste as soon as possible.
7. Climbing and descending on foot
A skier or snowboarder either climbing or descending on foot must keep to the side of the piste.
8. Respect for signs and markings
A skier or snowboarder must respect all signs and markings.
9. Assistance
At accidents, every skier or snowboarder is duty bound to assist.
10. Identification
Every skier or snowboarder and witness, whether a responsible party or not, must exchange names and addresses following an accident.
However, the rules are a lot clearer and forceful in several areas.
First, there are more FIS Rules. Ten rather than the average of seven. (Remember Your Responsibility Code is not adopted by anyone but supported by NSAA and NSP. Resorts, or anyone, can alter, add or change the code.)
Second the FIS Rules cover additional things such as stopping at accidents and ascending up hill.
Finally, the FIS Rules are more specific on several areas. The Your Responsibility Code is interpreted daily in courts about what has more significance or importance. Mostly, which is more important, where you stop, how you start or whether the overtaking skier has issues. Any collision on the slopes is a battle between these issues with the injured party arguing that no matter the uphill skier is at fault. The FIS Rules eliminate a lot of that argument.
10-fis-rules-for-conduct-1.pdf
What do you think? Leave a comment.
If you like this let your friends know or post it on FaceBook, Twitter or LinkedIn
Copyright 2013 Recreation Law (720) Edit Law
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Wilderness Medical Society 2013 CME Conferences
Posted: April 16, 2013 Filed under: Wilderness Medical Society (WMS) | Tags: CME, Continuing education, Continuing medical education, education, first aid, health, Medical Specialties, Medicine, University Courses, Wilderness Medicine, WMS 2 Comments »
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Continuing Medical Education Conferences
NRPA Looking for a Co-Chair for the Leisure Research Symposium
Posted: April 12, 2013 Filed under: National Recreation & Parks Association | Tags: LRS Co-Chair, National Recreation and Park Association, North Carolina State University, NRPA, Poster session, Professor, University of Utah, x, y, z Leave a comment »On behalf of the NRPA Education Network (group formerly known as SPRE), I’m pleased to announce this “Call for Co-Chair” for the NRPA Leisure Research Symposium. The LRS is one of the largest annual leisure research symposiums in North America. We seek a junior Co-Chair to work with the incoming (this fall) senior Co-Chair Jim Sibthorp (University of Utah).
Also, we seek a LRS Poster Session Coordinator who will work with the LRS Co-Chairs (both position descriptions/announcements are below and attached).
Please feel free to contact me by email at lpayne or phone at 217-244-7038 with any questions about this important volunteer position.
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CALL FOR NATIONAL RECREATION & PARK ASSOCIATION (NRPA)
LEISURE RESEARCH SYMPOSIUM (LRS)
CO-CHAIR for 2013 – 2015
The Education Network (formerly known as SPRE) of the National Recreation and Park Association (NRPA) is pleased to announce the availability of the junior LRS Co-Chair Position for a 2-year term (beginning in October 2013 for the 2014 and 2015 Leisure Research Symposiums). This is a volunteer position appointed by the Education Network Leadership in collaboration with the current senior LRS Co-Chair (Jason Bocarro, Associate Professor at North Carolina State University) and current junior LRS Co-Chair (Jim Sibthorp, Associate Professor at University of Utah). The junior LRS Co-Chair will learn the LRS process during the 1st year and assume the role of senior LRS Co-Chair during the second year of the position. Details of this important position are provided below.
Responsibilities of LRS Co-Chairs:
• Organize and distribute the “Call for Abstracts” to the field through a variety of communication channels including Sprenet and other listserves
• Coordinate the submission and review process for all submitted abstracts
• Recruit and appoint review coordinators for topical/themed sessions for the LRS
• Oversee and coordinate the entire review process working with review coordinators
• Organize the George Butler Lecture
• Coordinate with NRPA Congress staff the development and organization of the final LRS program (i.e., scheduling of LRS paper presentation sessions, organization of the LRS Poster session, organization of the George Butler Lecture)
• Work with the ALS appointed members to judge the Best Student Abstract Award
• Work with the JLR Editor to recommend abstracts for full paper submissions to the JLR special issue
Qualifications of LRS Co-Chairs:
• Experience as a reviewer and/or review coordinator for the LRS
• Involvement as a presenter at the LRS in past year(s)
• Active research program in the field with a record of scholarship
• Research focus area that complements (rather than overlaps) the content/specialty area of the incoming senior LRS Co-Chair (will be Jim Sibthorp as of October, 2013)
• Institutional diversity (i.e., person works at a different college/university than the senior Co-Chair)
• Well-organized, detail oriented, and excellent time management skills
• Available throughout the year (including Summer) to meet program deadlines
• Attend the NRPA Conference each year during the 2-year term (2013, 2014, 2015)
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CALL FOR NATIONAL RECREATION & PARK ASSOCIATION (NRPA)
LEISURE RESEARCH SYMPOSIUM (LRS)
POSTER COORDINATOR for 2013 – 2014
The Education Network (formerly known as SPRE) of the National Recreation and Park Association (NRPA) is pleased to announce the availability of the Poster Coordinator Volunteer Position for a 1-year term (beginning in October 2013 for the 2014 Leisure Research Symposium). This is a volunteer position appointed by the Education Network Leadership in collaboration with the current senior LRS Co-Chair (Jason Bocarro, Associate Professor at North Carolina State University) and current junior LRS Co-Chair (Jim Sibthorp, Associate Professor at University of Utah). Details of this important position are provided below.
Responsibilities of LRS Poster Coordinator:
• In conjunction with LRS Co-chairs make recommendations on which abstracts should be included in the Leisure Research Symposium
• Review and assist with judging the Best Student Abstract Award
• Coordinate logistics of set-up and break-down of the poster session with NRPA Staff
• Communicate logistics of the poster session with the poster presenters
Qualifications of Poster Coordinator:
• Experience as a reviewer and/or review coordinator for the LRS is desired
• Involvement as a presenter at the LRS in past year(s)
• Active research program in the field with a record of scholarship
• Well-organized, detail oriented, and excellent time management skills
• Available throughout the year (including Summer) to meet program deadlines
• Attend the NRPA Conference each year during the 1-year term (2014)
If you are interested in either the LRS Co-Chair position or LRS Poster Coordinator Position, please submit by email or fax your current Curriculum Vita (CV) and a one page letter of application by Friday, May 3rd, 2013 to:
Laura Payne, Chair
NRPA Education Network
University of Illinois at Urbana-Champaign
Email: lpayne
Phone: 217-244-7038 Fax: 217-244-1935
LRS Co Chair Position Announcement 2014-2015.pdf
LRS Poster Coordinator Position Announcement.pdf
Your post title
Posted: April 4, 2013 Filed under: Colorado Alliance of Environmental Education | Tags: CAEE, Colorado, Environment, Environmental Education, x, y, z Leave a comment »
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Jonathan Wuerth
Misleading article from the Denver Post about CO Ski areas; but also just plain wrong
Posted: March 19, 2013 Filed under: Colorado, Colorado Ski Country USA (CSCUSA), National Ski Patrol (NSP), NSAA (National Ski Area Association), Ski Area, Skiing / Snow Boarding | Tags: Alpine skiing, Colorado, Colorado Ski Country, Colorado Ski Country USA, Denver Post, Law, Law Enforcement, National Ski Area Association, National Ski Patrol, NSAA, NSP, Organizations, Resort, ski area, Ski Patrol, Ski Resort 1 Comment »I lost a lot of respect for the Denver Post today.
This is my review of an article titled Colorado system for investigating ski accidents raises concerns in the Denver Post Sunday March 17, 2013.
First of all, let’s correct the article from a legal and factual standpoint!
When someone dies or is seriously injured on a Colorado ski slope, it is ski patrollers — not trained police officers, sheriff’s deputies or forest rangers — who document and determine what happened.
This statement is false if you believe it says no one else can investigate. The statement is misleading in that it makes you think no one else investigates major accidents.
Law Enforcement Investigates Possible Crimes.
It is patrollers that investigate on behalf of the ski area. No patroller investigates on behalf of anyone else, nor can they. They have not been licensed, trained nor are they allowed to. If someone else wants to investigate, they can use the powers given to them by contract (US Forest Service) or jurisdiction (Sheriff) and investigate.
Ski Patrollers don’t determine who is at fault; they try to determine what happened. That is all they are trained to do and that is all you want them to do. Volunteers and poorly-paid hard-working men and women are ski patrollers. The have been trained to get injured people off the mountain as best they can.
Any law enforcement agency with jurisdiction could investigate if they wanted to. They do not need permission; they just access the land and go investigate.
The reason why most law enforcement agencies do not investigate was set out in the article, just not recognized as the answer to their own question the article asked.
Many times, those agencies — responsible for investigating potential criminal activity, not skiing accidents — aren’t called at all.
Unless there has been a crime, law enforcement has no duty to investigate. If they investigated every crash, they would still be working on my mountain-bike crashes from last summer on US Forest Service and BLM (Bureau of Land Management) land.
Information
As a result, family members may have to accept the word of a resort employee about the circumstances that led to their relative’s death or serious injury — and typically; they need a subpoena to get even that, attorneys say.
Getting information from the resorts is difficult. Normally, the resort requires that you prove a legal need; you must be a relative or the injured person. Resorts have reasons for this. You do not want this information to go to anyone but the family because of privacy issues.
What if your relative died or was hurt at a resort? Would you be interested in having any of the following in the public domain?
· The injured skier smelled like alcohol. His blood-alcohol level was 2.8.
· The witness, girlfriend of the injured said…… (Spouse was home with the kids.)
· The injured commented that’s the last time he calls in sick to work and goes skiing.
I’ve read reports with 2 of the above on the reports, and I’ve heard about the third. Is that information you want to be public about someone you love?
What about hearing about the fatality of a family member from the authorities before you read about it online? This article ignores those issues, but ski resorts try to respect the wishes of family members.
Is your need to know greater than their right to a little kindness and privacy?
What information can you get from AT&T, Exxon, or GE about their latest accidents? Unless a business is required to report certain kinds of accidents, No Business gives out its accident reports.
If you ask an attorney to get you a report, the ski area is going to respond as if the ski area is going to be sued. Consequently, when facing a lawsuit, you shut the doors. If you want a copy of the report from your or a close family member’s accident, send a letter. You won’t get names or contact information of the patrollers. It is not their job to deal with you.
Of the state’s 25 ski areas, only one — Wolf Creek Ski Area — would discuss ski-patrol training and accident investigations.
Most resorts, nationwide follow the procedures of the National Ski Patrol (NSP). Every resort differs from other ski areas, but in general, you can research how something is investigated by reviewing the NSP website and several other websites. How do you know how law enforcement investigates accidents?
The other 24 resorts either refused to answer questions regarding ski patrol or did not respond to repeated calls and e-mails from The Post.
If someone from the press, including me, is calling to ask questions, you get a little nervous. You should be nervous when I call, and I get nervous when the press calls.
While working at a resort, I received a phone call from a member of the press who said they were writing a follow-up article to one I had written for a magazine several years before. That person lied to me. They were writing an article about ski resorts and quoted me as an employee of the resort. Lesson learned.
Police jurisdiction rare
That is a very misleading heading, sorry, this is a lie. Not rare, it exists at every resort. It is just not exercised. The sole power to exercise the jurisdiction is the law enforcement agency or the district attorney. Just because they do not, does not mean jurisdiction does not exist. There is no place in the US where at least one law enforcement agency has jurisdiction. The hard thing is finding places in the US were only one law enforcement agency has jurisdiction.
The nice thing about the above heading is just the start of an entire misleading paragraph.
Jennifer Rudolph, spokeswoman for Colorado Ski Country USA, the trade group representing all of the ski areas except the four owned by Vail Resorts, said in an e-mail….
Colorado Ski County USA is a marketing group. Its job and why it is paid by the Colorado Ski resorts is to get skiers to ski in Colorado. If you don’t believe me, go to the website and read why it exists: http://rec-law.us/ZoYVRs
Only a few local police departments have any jurisdiction over ski areas, and sheriff’s offices in Summit, San Miguel, Pitkin, Garfield, Routt and Eagle counties said their role is primarily to determine whether an incident involves a crime — such as theft, public intoxication or disruption — or a collision between slope users.
See the above statement about jurisdiction. The statement in the article is absolutely wrong and very misleading. It implies that the ski resorts operate without any law enforcement agency watching what they do. That is not true. If you could find a place where no law enforcement had jurisdiction in the US it would be crowded, full of pot plants and a lot of illegal guns. There would also be hundreds of cops waiting for someone to leave.
Summit County sheriff’s deputies don’t “respond to the majority of skier accidents. If it’s a death, the coroner would respond,” said spokeswoman Tracy LeClair. “Ski patrol usually handles the majority of noncriminalaccidents.”
Let’s look at this article this way. Who investigates accidents in your house? At least at ski areas, someone does. If there is a fatality at your house, then the same person investigates the fatality in your house as at the slopes: A coroner, unless the accident or fatality is a criminal act.
A coroner’s job is to declare people dead (C.R.S. § 30-10-601) and to determine the cause of death if it is not known or suspicious or from specific causes. (C.R.S. § 30-10-606)
“Ski patrol is there before us. Sometimes, the injured person has been evacuated before we arrive,” he said. “We have to rely on ski patrol and their analysis quite often.”
Thank Heavens! Seriously do you want to wait on the slope with a broken leg or a torn ligament until law enforcement drives from the sheriff’s office puts on skis or unloads a snow machine and comes up the slopes to you?
That is why we have the ski patrol; to get injured people to medical care. Can you see the lawsuit if this occurred? “Sorry mam, I can’t move you with that broken leg until the sheriff investigates.”
If you fall down in your house, do you call the police or the ambulance? If you fall down on the ski slopes do you call the sheriff or the ski patrol?
Sometimes, ski areas don’t give law enforcement information needed for an investigation. In 2004, a Colorado State Patrol sergeant was called to Vail to look into a fatal collision between a 13-year-old skier and an employee-driven snowmobile. He had never investigated a ski injury or fatality.
Sgt. S.J. Olmstead was assigned to the case because county law enforcement “didn’t want to deal with it,” he said in a 2006 deposition. “So somebody had to go take care of it.”
First: The story itself says there have been 47 deaths within five years (from my count of the red dots on the map.) How many police officers would have experience in investigating fatalities that occur on ski resorts?
Second: Vail is the largest employer in Eagle County. Probably, the Eagle County Sheriff’s department saw the fatality the article speaks to as a conflict of interest. Maybe the sheriff’s department knew the snowmobile driver’ or the snowmobile driver’s family. Or members of the sheriff’s department witnessed the accident. There could be dozens of things that triggered a conflict of interest issue in the mind of the Eagle county Sheriff’s department.
And thank heavens it did. Would you buy 100% any report when the Eagle County Sheriff’s department investigates a crime in the ski area of the county’s largest employer who had obvious conflicts of interest?
If you want ski accidents investigated by trained personnel, then contact your representative and have them create a law that says the sheriff’s office shall investigate all ski accidents. (Have fun paying for that one also.)
Third: If you have ever watched TV and watched a cop show, when an arrest is made the bad guy is given their Miranda Warnings, their legal rights. They have the right to remain silent. Vail, could have been held liable for the death, criminally; consequently, during a criminal investigation, the possible criminal should keep their mouth shut!
Ski areas consider ski-patrol and employee reports to be proprietary information. Therefore, victims or their families or law enforcement agencies cannot obtain them without the resorts’ permission — or a court order.
That information is not considered proprietary information, that information is proprietary information. My notes are proprietary information. The recipe you wrote down on a 3 x 5 card is proprietary or confidential information. Work you produce for work is proprietary information.
And again, do you really want your great Aunt Sally learning that her niece died in a ski accident because she was drunk?
I won’t give up my documents to anyone.
What about the rights of the deceased or the deceased family. Information in that report could be embarrassing. Deceased had a blood alcohol level of XX.X. Deceased was skiing with his girlfriend, while his wife was working. Deceased was supposed to be at work. Do you want that information floating around to members of the media or just nosey people?
The press has this idea that they should be entitled to anything they want to report a story. They don’t. There are laws that say what the media, the police and/or any other group can get from a private party or a business.
Then the article starts to complain because the ski patrol investigates an accident, and the cops don’t. The cops plead that they have a hard time getting reports from the ski patrol.
Have you tried getting a police report about an accident from a law enforcement agency? If the police want a report, they should go do it. It takes them a while to get to the far ends of the county, and it takes them a while to hike into the back country or get up the hill at a ski resort. It is a fact of life of a state with lots of wilderness and open space.
Despite the power that ski patrols have,…
What power? The power of the ski patrol is solely the power to transport an injured person down the hill and yank lift tickets of reckless skiers. They are not vested with power or given power by anyone to do anything.
The ski patrol does not have the power to detain someone who is involved in a skier v. skier collision, let alone any other power.
Accident Investigations?
This big issue with accident investigations is confusing. I’ve never had anyone investigate my mountain-bike crashes on US Forest Service land. I’ve never had someone investigate my back-country ski injuries. I’ve never had someone investigate my injuries from rock climbing. Yet there seems to be a big push in the article that 1) accident investigations are not being done and 2) if they are being done they are not being done right.
Automobile accidents are investigated because state statutes require law enforcement to investigate accidents, the damage done and the accidents occur on state land.
Automobile accidents have skid marks, car crumple zones, little black boxes, and tests that show when you hit a guard rail this way at this speed it looks like this. It snows; the wind blows and ski tracks look like every other ski track and are usually wiped out by snowboard tracks. Unless you hit a tree AND leave a mark on the tree or your body it is difficult to determine what happens.
One time in the past, I reviewed an investigation, and then did my own investigation into an accident. I talked to the injured skier and his spouse about what happened. The injured skier did not remember, and we never did figure out how the skier got hurt.
If there is a statute for someone, law enforcement to investigate accidents, then I’m sure their investigations will be better and professionally done. Right now, Ski Patrol accident investigations are done to help the ski area protect itself. The ski patrol is not tasked with any other duty by anyone.
A ski patroller’s job is to determine facts, not guess at what happened.
There is no law, no duty, and no requirement that any accident be investigated.
Accident Investigation Training
The article hits the accident investigation hard by comparing the training to that of National Park Rangers. Rangers are the law enforcement arm of the National Park Service. The job of a Ranger is basically to write tickets and arrest people for major crimes. They are law enforcement. There are statutes and regulations that empower them, command them and require them to investigation accidents and make arrests.
The article also tackles the contractual relationship between the US Forest Service and Vail, quoting from the contract. I would like to see the Denver Post contract with its writers and suppliers. I suspect that if you slam the Denver Post in an article, your career at the post is short lived.
The Bad
The ski industry is paranoid. I’ve been saying it for years. Too paranoid. However, I understand how that paranoia develops. When articles like misstate the facts and make things up, it would make you paranoid also.
As much as ski areas are paranoid the attorneys representing ski areas and the companies insuring ski areas are even more paranoid. They believe it is better not to say anything.
After this article, I understand why.
The Really Bad
The really bad is how misleading this article is. It is a veiled attempt to accomplish some goals, which are unknown at this time.
This article wasted a lot of paper and electrons attempting to make ski areas in Colorado look bad. Ski Areas in Colorado are the finest in the US. Ski Areas in Colorado are no different from any other business. The business has a duty to make a profit, and protect itself from bad publicity and lawsuits. Nothing in this article proved ski resorts did anything wrong or that any other corporation in the US does.
Read the article, the scary part is people out there believe the writer knows what they are talking about.
Disclaimer
No one paid me to write this, no one told me how to write this, no one asked me to write this. However we all have to learn that when we see or smell crap we should clean it up.
What do you think? Leave a comment.
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Copyright 2012 Recreation Law (720) Edit Law
Twitter: RecreationLaw
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By Recreation Law Rec-law@recreation-law.com James H. Moss Jim Moss
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, Colorado, Ski Area, Ski Resort, Ski Patrol, Denver Post, Colorado Ski Country, Colorado Ski Country USA, NSAA, NSP, National Ski Area Association, National Ski Patrol,
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American Alpine Club CALL FOR APPLICATIONS for the 2013 ZACK MARTIN BREAKING BARRIERS GRANT
Posted: March 15, 2013 Filed under: American Alpine Club (AAC) | Tags: #AAC, American Alpine Club, Anatoli Boukreev, Climbing, Mountaineering, Petzl, x, y, z, Zack Martin Breaking Barriers Grant Leave a comment »
The American Alpine Club is pleased to announce a CALL FOR APPLICATIONS for the 2013 ZACK MARTIN BREAKING BARRIERS GRANT. ZMBB grant applications are due, this year, on April 15. Below you will find grant information and the grant application process (at the bottom of the ZMBB Grant page). This year’s award will be between $4,000 and $5,000 dollars.
If you are not going to submit an application, feel free to forward this email to any potential applicants. Also, as we continue to fundraise, please feel free to review past grant status and donate to the Zack Martin Fund.
A special thanks to Black Diamond and Petzl for supporting this grant through special merchandise deals for the recipients.
Regards
“JP” John Parsons
Zack Martin Grant Founder And Committee Chair
john.p.parsons
720-254-6165 cell
The AAC Grants Webpage
Zack Martin Breaking Barriers Grant Page
The Zack Martin Breaking Barriers Grant (ZMBB) is a dual-purpose grant fund. The primary objective is humanitarian and the secondary objective is climbing, alpinism and/or exploration in the natural environment. The grantee must meet both objectives and is strongly encouraged to obtain additional funding. The humanitarian objective must be reasonable, and sustainable. Objectives that continue after implementation will receive the highest level of consideration. Focus the objective to affect the greatest human change. The alpine objective should focus on climbing and/or exploration but need not be at the leading edge of climbing or alpinism.
Zack Martin died just before his 25th birthday on Thanksgiving Day 2002. He was a recipient of AAC grants, the Anatoli Boukreev grant and others. Zack was concerned about the general arrogance and self-serving aspirations of climbers and explorers. He committed that on all future expeditions he would not only climb and explore but more importantly he would perform humanitarian service in the local community. He would “break a barrier” in the alpine environment and “break a barrier” in the heart of man. As Zack often said, “The only barrier holding you back is yourself.”
The American Alpine Club Webpage
The Donate To The Zack Martin Fund
American Alpine Club
c/o Donations—The Zack Martin Grant Fund
710 10th St
Suite 100
Golden, CO 80401
Include on check:
Zack Martin Breaking Barriers Fund
(all funds are tax deductible)
By Recreation Law Rec-law@recreation-law.com James H. Moss Jim Moss
Call for Contributing Columnists & Student Research Article Submissions
Posted: March 14, 2013 Filed under: Journal | Tags: Colleges and Universities, education, Recreation, Student, x, y, z Leave a comment »Call for Contributing Columnists & Student Research Article Submissions
The Young Professional is a quarterly publication aimed at providing information specifically for young professionals and students in the parks, recreation, and leisure field. Articles may be testimonials, interviews, opinion, research, best practices highlights or simply informational in nature. The Young Professional will be distributed digitally to all young professionals and students in NRPA’s Young Professional Network, through NRPA Connect, as well as through other social media platforms.
The Young Professional Network seeks students (undergraduate and graduate) to contribute professional columns and research briefs for publication in The Young Professional. Columns may be diverse in style and content, but must be beneficial for young professionals and students in the parks and recreation field. Research briefs are usually slightly longer than columns and are overviews of the research. Research briefs must be beneficial for young professionals and students in the parks and recreation field.
Potential contributors are encouraged to send inquiries to Michael J. Bradley (michael.bradley).
Brooke Burk, PhD
Assistant Professor
Recreation, Parks & Leisure Studies Department
P.O. BOX 2000
Cortland, NY 13045
(607) 753-2448
By Recreation Law Rec-law@recreation-law.com James H. Moss Jim Moss
15% OFF American Alpine Club Membership – Today, March 8 Only!
Posted: March 8, 2013 Filed under: American Alpine Club (AAC) | Tags: #AAC, American Alpine Club, Membership, Mount Everest, United States, x, y, z Leave a comment »
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The ALL NEW Wilderness Medicine Magazine
Posted: March 8, 2013 Filed under: Wilderness Medical Society (WMS) | Tags: FAWM, first aid, health, Managing editor, Medicine Magazine, Wilderness Medical Society, Wilderness Medicine, WMS Leave a comment »
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Via Ferrata recall – Press Release
Posted: March 7, 2013 Filed under: Product Recall, Union Internationale des Association d’Alpinisme (UIAA) | Tags: Austria, Bern, Climbing, International Olympic Committee, Munich, UIAA, Via Ferrata, x, y, z Leave a comment »
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By Recreation Law Rec-law@recreation-law.com James H. Moss Jim Moss |
Congratulations to the CAEE Award Winners
Posted: March 5, 2013 Filed under: Colorado Alliance of Environmental Education | Tags: Boulder Valley School District, Colorado, Colorado Alliance of Environmental Education, education, Environment, Environmental Education, Scientific progress Leave a comment »Another great night for the Colorado Alliance of Environmental Education.
Congratulations to the award winners who were lauded for their accomplishments at the recent CAEE 2012 Award for Excellence Dinner
The Enos Mills Lifetime Achievement Award went to Cyndra Dietz of Eco-Cycle.
The President’s Award was given to Lise Aangeenbrug of Great Outdoors Colorado
Program Award Recipients were
Alliance for Climate Education
BVSD 4th Grade Field Trip Program of Thorne Nature Experience
Children’s Peace Garden Program of Growing Gardens
GASP! (Girls Advancing Scientific Progress) After School at the CSU Environmental Learning Center
H2O Outdoors of the Keystone Science School
Learn More about Climate from CU-Boulder Office of University Outreach
Operation Water Festival Program of the Keep it Clean Partnership
Project Learning Tree Environmental Experience for Early Childhood of Colorado State Forest Service
Take Charge! Student Energy Education and Action of Groundwork Denver
Youth Education Programs of Loveland Youth Gardeners
Congratulations to all the Winners!
What do you think? Leave a comment.
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Copyright 2013 Recreation Law (720) Edit Law
Email: blog@rec-law.us
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
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By Recreation Law Rec-law@recreation-law.com James H. Moss Jim Moss
#RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #Ski.Law, #Outside.Law, #Recreation.Law, #Recreation-Law.com, #Outdoor Law, #Recreation Law, #Outdoor Recreation Law, #Adventure Travel Law, #law, #Travel Law, #Jim Moss, #James H. Moss, #Attorney at Law, #Tourism, #Adventure Tourism, #Rec-Law, #Rec-Law Blog, #Recreation Law, #Recreation Law Blog, #Risk Management, #Human Powered, #Human Powered Recreation,# Cycling Law, #Bicycling Law, #Fitness Law, #Recreation-Law.com, #Backpacking, #Hiking, #Mountaineering, #Ice Climbing, #Rock Climbing, #Ropes Course, #Challenge Course, #Summer Camp, #Camps, #Youth Camps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, #RecreationLaw, #@RecreationLaw, #Cycling.Law #Fitness.Law, #SkiLaw, #Outside.Law, #Recreation.Law, #RecreationLaw.com, #OutdoorLaw, #RecreationLaw, #OutdoorRecreationLaw, #AdventureTravelLaw, #Law, #TravelLaw, #JimMoss, #JamesHMoss, #AttorneyatLaw, #Tourism, #AdventureTourism, #RecLaw, #RecLawBlog, #RecreationLawBlog, #RiskManagement, #HumanPowered, #HumanPoweredRecreation,# CyclingLaw, #BicyclingLaw, #FitnessLaw, #RecreationLaw.com, #Backpacking, #Hiking, #Mountaineering, #IceClimbing, #RockClimbing, #RopesCourse, #ChallengeCourse, #SummerCamp, #Camps, #YouthCamps, #Skiing, #Ski Areas, #Negligence, #Snowboarding, sport and recreation laws, ski law, cycling law, Colorado law, law for recreation and sport managers, bicycling and the law, cycling and the law, ski helmet law, skiers code, skiing accidents, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, Recreational Lawyer, Fitness Lawyer, Rec Lawyer, Challenge Course Lawyer, Ropes Course Lawyer, Zip Line Lawyer, Rock Climbing Lawyer, Adventure Travel Lawyer, Outside Lawyer, Recreation Lawyer, Ski Lawyer, Paddlesports Lawyer, Cycling Lawyer, #RecreationalLawyer, #FitnessLawyer, #RecLawyer, #ChallengeCourseLawyer, #RopesCourseLawyer, #ZipLineLawyer, #RockClimbingLawyer, #AdventureTravelLawyer, #OutsideLawyer, CAEE, Enos Mills, President’s Award,
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International Symposium on Society & Resource Management
Posted: February 23, 2013 Filed under: Conferences | Tags: Colorado, Colorado State University, Conferences, Resource Management, Society for Human Resource Management, x, y, z Leave a comment »Registration Now Open
International Symposium on Society & Resource Management
Estes Park, Colorado, USA
June 4-8, 2013
A Time for Integration
Registration is available by clicking here.
Important Note: The non-members MUST purchase a one-year membership to the International Association for Society and Natural Resources (IASNR) prior to registering for this conference. Our registration staff will check and confirm all IASNR memberships. Your conference registration will not be valid without an up to date IASNR membership. IASNR membership includes 12 issues of the journal Society and Natural Resources. Students have an option to choose not to receive the journal (-$25).To join the IASNR prior to registration, visit the IASNR website.)
All prices are in $USD
| On or Before April16, 2013 |
After April 16, 2013 | |
| Professional Members: | $340 | $395 |
| Student Members: | $200 | $235 |
symposium registration fee includes:
· Attendance at all concurrent sessions
· Attendance at plenary sessions
· Refreshments at all breaks
· ISSRM 2013 program guide
· IASNR business meeting
· Welcome Reception
· Poster Session Reception
· Closing Banquet
· Pre-conference Student Forum (students only)
Registration Fees for IASNR Members (2013 year)
Accompanying Persons
Individuals who wish to bring a guest may register the guest for a fee of $110 USD. Guests are welcome to attend the Welcome Reception, Poster Reception and closing banquet.
Refund Policy
Cancellations made before April 16, 2013 will be refunded, less a $50 US processing fee. Cancellations made after April 16, 2013 will not be refunded. Note that IASNR memberships are not refundable .
Esther Duke, MSc.
2013 ISSRM Conference Coordinator 19th International Symposium on Society & Resource Management Estes Park, Colorado, USA
By Recreation Law Rec-law@recreation-law.com James H. Moss Jim Moss
Last chance: Reserve your seat for the EE Awards Celebration by TODAY
Posted: February 22, 2013 Filed under: Colorado Alliance of Environmental Education | Tags: Boulder Valley School District, CAEE, Colorado, Colorado Alliance for Environmental Education, Environmental Education, University of Colorado at Boulder Leave a comment »
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By Recreation Law Rec-law@recreation-law.com James H. Moss Jim Moss |
Explore Mt Everest – Online with the American Alpine Club
Posted: February 19, 2013 Filed under: American Alpine Club (AAC), Mt. Everest | Tags: #AAC, American Alpine Club, Jim Whittaker, Mount Everest, Tom Hornbein, x, y, z Leave a comment » |
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Good record keeping proves defendant ski area did not operate lift improperly
Posted: February 18, 2013 Filed under: Assumption of the Risk, Case Analysis, New York, NSAA (National Ski Area Association), Ski Area, Skiing / Snow Boarding | Tags: American National Standards Institute, lift, lift attendant, New York, Peter Harris, Ski, Ski Resort, skiing, Song Mountain Ski Center, South Slope Development Corp. Leave a comment »Plaintiff’s case is hard to prove when two other people exit the lift properly from the same chair.
Plaintiff was riding a triple lift at the defendant’s ski area with her nine-year-old son and her ex-husband. She became entangled with her son’s skis and remained on the lift after her son, and ex-husband exited the lift. She then exited the lift before the lift hit the safety gate, falling and injuring herself.
A safety gate is a trip mechanism which stops the lift because a rider still on the lift trips it. It is designed to stop the lift if someone fails to exit the lift.
The plaintiff was an experienced intermediate skier. She owned her own skis, and boots had skied more than fifty times and had ridden the lift twice the day she was injured.
After the accident, the plaintiff completed and signed an “incident report form.” The form indicated she had stayed on the lift to allow her son to get off the lift. When she jumped she jumped 6 feet and landed on her left hip.
Prior to the accident, the lift was inspected by the New York Department of Labor and found to be in good condition. The lift met all standards as developed by ANSI (American National Standards Institute). The standards say a triple (obviously fixed grip) chair lift can travel a maximum of five hundred feet per minute (5 miles per hour). This lift was traveling between 400 and 500 feet per minute at the time.
The lift attendant’s daily log was up to date and indicated that everything was operating correctly on the lift. The lift
…fully checked on that date to ensure that all systems were working properly. The stops switches and safety gate were working, the ramps were snow covered and at a proper grade, the phones were working properly and the counter weight on the lift was clear and within normal limits.
One key point the court pointed out was simple. The plaintiff’s husband and son exited the lift with no problems. If the lift was not operating correctly they should have had problems getting off the lift also.
Summary of the case
The court reviewed the defenses and found that nothing was wrong with the lift. The plaintiff did not have an expert witness or any witness who could testify that the lift failed to operate properly. The court quickly dismissed the plaintiff’s claims that the lift failed to operate properly, and the ski area failed to operate the lift properly.
The claims were not supported by the plaintiff with any evidence.
The court looked at the New York statutes concerning skiing GOL §18-102 and GOL §18-104. The NY statute GOL §18-102 covers the duties of passengers who requires a passenger to familiarize themselves with the safe use of any lift prior to using it. GOL §18-104 states
A ski area operator is relieved from liability for risks inherent in the sport of downhill skiing, including the risks associated with the use of a chair lift when the participant is aware of, appreciates and voluntarily assumes the risk.
The court found that the plaintiff failed to comply with the requirements of the skiing code by disembarking at the appropriate location and therefore, assumed the risk of her accident.
The plaintiff’s final argument was a prior case that had been sent back to the trial court because the lift attendant had failed to stop the lift when a mother and son’s ski equipment became entangled. In that case, the court found the son had been yelling and was excited. The plaintiff’s expert witness testified that there was time for the lift attendant to see the child in distress and stop the lift.
Here the court found that no one had indicated to the lift attendant that there were in distress so therefore the lift attendant had no obligation to stop the lift.
So Now What?
The ski area followed all standards and kept great records concerning the lift. The records proved that nothing was wrong with the lift at the time of the accident.
The ski area could prove, through records that it exceeded the requirements or standards for training lift attendants.
Finally, the plaintiff simply failed to present any evidence that the defendant had breached any duty to it.
Simply put, if you have a requirement to keep records, you better do an excellent job of keeping records. The resort’s records were up to date and covered every claim the plaintiff argued.
Plaintiff: Christina J. Tone and Steven Tone
Defendant: Song Mountain Ski Center and South Slope Development Corp. and their Agents, Servants and Employees, and Peter Harris, Individually and d/b/a Song Mountain Ski Center, and Individually as a member, officer, share-holder and director of South Slope Development Corp. and Song Mountain Ski Center
Plaintiff Claims: defendant failed to operate the lift correctly and the lift did not operate correctly and the lift attendants were not properly trained.
Defendant Defenses: Lift operated and was designed correctly and plaintiff assumed the risk.
Holding: Summary judgment granted for the defendant.
What do you think? Leave a comment.
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Copyright 2013 Recreation Law (720) Edit Law
Email: blog@rec-law.us
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Tone v. Song Mountain Ski Center, et al., 37 Misc. 3d 1217A; 2012 N.Y. Misc. LEXIS 5136; 2012 NY Slip Op 52069U
Posted: February 18, 2013 Filed under: Assumption of the Risk, Legal Case, New York, NSAA (National Ski Area Association), Skiing / Snow Boarding | Tags: American National Standards Institute, Chairlift, lift, lift attendant, Peter Harris, Ski, Ski lift, skiing, Song Mountain Ski Center, South Slope Development Corp. Leave a comment »Tone v. Song Mountain Ski Center, et al., 37 Misc. 3d 1217A; 2012 N.Y. Misc. LEXIS 5136; 2012 NY Slip Op 52069U
Christina J. Tone and Steven Tone, Plaintiffs, against Song Mountain Ski Center and South Slope Development Corp. and their Agents, Servants and Employees, and Peter Harris, Individually and d/b/a Song Mountain Ski Center, and Individually as a member, officer, shareholder and director of South Slope Development Corp. and Song Mountain Ski Center, Defendants.
2009-7913
SUPREME COURT OF NEW YORK, ONONDAGA COUNTY
37 Misc. 3d 1217A; 2012 N.Y. Misc. LEXIS 5136; 2012 NY Slip Op 52069U
November 2, 2012, Decided
NOTICE: THIS OPINION IS UNCORRECTED AND WILL NOT BE PUBLISHED IN THE PRINTED OFFICIAL REPORTS.
CORE TERMS: lift, chair lift, attendant, skis, skier, mountain, chairlift, skiing, triple, gate, inspection, ski lift, ski area, training, riding, slowed, feet, ramp, snow, speed, deposition testimony, issue of fact, deposition, ex-husband, passenger, downhill, tramway, sport, safe, top
HEADNOTES
[*1217A] Negligence–Assumption of Risk–Skier Injured on Chair Lift.
COUNSEL: [**1] For Plaintiffs: MICHELLE RUDDEROW, ESQ., OF WILLIAMS & RUDDEROW, PLLC.
For Defendants: MATTHEW J. KELLY, ESQ., OF ROEMER, WALLENS, GOLD & MINEAUX, LLP.
JUDGES: Donald A. Greenwood, Supreme Court Justice.
OPINION BY: Donald A. Greenwood
OPINION
The defendants have moved for summary judgment dismissal of the complaint against them, which alleges that the plaintiff suffered a fractured hip at Song Mountain on February 25, 2007 while attempting to exit a chair lift. The defendants move for dismissal on the grounds that all of the evidence shows that the ski lift was properly designed and operated and that the plaintiff assumed the risk of her injury.
As the proponent of the motion, the defendants are required to establish their entitlement to dismissal as a matter of law through the tender of admissible evidence. See, Hunt v. Kostarellis, 27 AD3d 1178, 810 N.Y.S.2d 765 (4th Dept. 2006). The defendants have done so here through their [***2] reliance, inter alia, on the plaintiff’s deposition testimony. The plaintiff testified that she was skiing with her nine year old son at the time and that she was an intermediate level skier with approximately fifteen years of experience. She owned her own skis and boots and had skied more than fifty times. [**2] On the date of the accident, she took two runs down the mountain and on both occasions rode the triple chair lift without incident. On her third occasion up the mountain she again rode the triple chair lift. Her son was with her, as was her ex-husband. Plaintiff testified that she sat on the right side of the chair, her son sat in the middle and the ex-husband sat on the left side. According to plaintiff, while riding up the chair lift she noticed that her skis were crossed with her son’s skis, so she let her son get off the chair lift first. Her ex-husband also got off the chair lift, but plaintiff waited. During her deposition, the plaintiff was shown the “Incident Report Form” completed at the time, which she signed. The form indicates that plaintiff said that she let her son get off first because their skis were crossed and that “I waited too late, and when I jumped approximately 6 feet, landed on my left hip.” When asked at her deposition what she did after her son got off, she responded that she did not remember, that she did not recall trying to get off, but that it happened so quickly that when the chairlift made its turn she “just flew off.”
The defendants also rely upon an [**3] inspection report completed by the Department of Labor on December 12, 2006, two months before the accident. An inspection of the chairlift was conducted by the Industry Inspection Bureau. Two violations unrelated to the design of the lift or exit ramp were found at that time and two unrelated violations were subsequently determined. Defendants note, however, that no deficiencies were found with respect to the design of the lift or exit ramp, the speed of the lift, or the location of the safety gate on the lift.
In addition, the defendants rely upon New York State regulations referenced in the Department of Labor inspections and standards promulgated by the American National Standards Institute which address industry wide safety standards for a variety of products and industries. Those regulations provide that the maximum relative carrier speed in feet per minute for chair lifts states that a triple chairlift carrying skiers may travel at a maximum speed of five hundred feet per minute. Defendants also provide an affidavit of Peter Harris, the President of South Slope Development Corporation, the operator of Song Mountain. Harris indicates that the chairlift traveled at a maximum speed [**4] of four hundred to five hundred feet per minute, which is equal to less than five miles per hour. He also claims that plaintiff failed to depart from the chairlift at the appropriate time, despite being warned by the unload signs. In addition, he indicates that the lift has certain safety mechanisms and if the plaintiff was to stay on the lift as it turned around the bull wheel heading downhill, her skis would hit the safety gate, which would stop the lift and allow for a safe evacuation of the lift. Plaintiff instead jumped from the lift before the safety gate, resulting in her being injured. He notes that the design of the lift specifically would have prevented the injury if she had remained on it, and the fact that the lift operated property is demonstrated by the fact that of the three people on the lift, two of them exited the lift in accordance with proper procedure and were not injured.
Defendants have also established in the first instance that any argument that the lift attendants were not properly trained is without merit, since Harris testified at his deposition that Song Mountain uses an industry standard lift operating training program designed by the National Ski Areas [**5] Association and that the program includes an in depth training DVD, training [***3] manuals and tests. The defendants also rely upon the deposition testimony of Carl Blaney, a long time attendant, who testified that the lift attendants took annual quizzes prior to the start of the season in order to demonstrate that they understood their duties in operating the lifts. It is also argued that plaintiff’s contention that the lift should have been slowed because plaintiff’s nine year old son was riding is incorrect. Blaney testified that the lift would not have been slowed for that reason, nor is there any evidence that simply because a child is riding the lift that it should be slowed. Defendants also point to the lift attendant’s daily log for the date of the accident, which demonstrates that the triple chair lift was fully checked on that date to ensure that all systems were working properly. The stops switches and safety gate were working, the ramps were snow covered and at a proper grade, the phones were working properly and the counter weight on the lift was clear and within normal limits. It is argued that since all of the evidence demonstrates that the lift was operating properly, the [**6] cause of the accident was solely plaintiff’s failure to disembark at the appropriate location, followed by her failure to remain seated once she missed the off load ramp. The defendants have met their burden in establishing that since there is no evidence that they improperly maintained the ski lift or that it was negligently designed, plaintiff cannot make a showing that the risks to her were increased or hidden. See, Sontag v. Holiday Valley, Inc., 38 AD3d 1350, 832 N.Y.S.2d 705 (4th Dept. 2007); see also, Painter v. Peek’n Peak Recreation, Inc., 2 AD3d 1289, 769 N.Y.S.2d 678 (4th Dept. 2003).
The defendants have also met their burden in the first instance of establishing that the plaintiff assumed the risk of her injury. Defendants point to the General Obligations Law, which addresses safety in skiing. The triple chair lift is identified as a “passenger tramway”, a mechanical device intended to transport skiers for the purpose of providing access to ski slopes and trails as defined by the Commissioner of Labor… See, GOL §18-102. Under “duties of passengers” the following are listed: to familiarize themselves with the safe use of any tramway prior to its use and…to board or disembark from passenger tramways only at [**7] points or areas designated by the ski area operator. See, GOL §18-104; see also, 12 NYCRR 54.4(a). A ski area operator is relieved from liability for risks inherent in the sport of downhill skiing, including the risks associated with the use of a chair lift when the participant is aware of, appreciates and voluntarily assumes the risk. See, DeLacy v. Catamount Development Corp., 302 AD2d 735, 755 N.Y.S.2d 484 (3rd Dept. 2003). In assessing whether one injured in the course of participating in a sporting or recreational event has assumed the risk posed by an assuredly dangerous condition, the critical inquiry is whether that condition is unique, constituting a hazard over and above the usual dangers that are inherent in the sport. See, Simoneau v. State of New York, 248 AD2d 865, 669 N.Y.S.2d 972 (3rd Dept. 1998), citing, Morgan v. State of New York, 90 NY2d 471, 685 N.E.2d 202, 662 N.Y.S.2d 421 (1997). Defendants have established that plaintiff was an experienced skier and had skied extensively at Song Mountain. It is further argued that the plaintiff assumed the risk of her injury by failing to comply with the requirements of the safety and skiing code by disembarking at the appropriate location. Plaintiff testified that she failed to get off the lift [**8] at the dismount area and had she stayed on she would have tripped the safety gate, which would have stopped the lift automatically. Inasmuch as the defendants have met their burden in the first instance, the burden shifts to the plaintiff to raise an [***4] issue of fact. See, Hunt, supra.
The plaintiff points to a recent Fourth Department case where the plaintiff skier was riding a chair lift with her son, a snow boarder. Plaintiff’s skis became entangled with the snow board and her son panicked and began yelling that he could not untangle the skis, despite frantic attempts. See, Miller v. Holiday Valley, Inc., 85 AD3d 1706, 925 N.Y.S.2d 785 (4th Dept. 2011). Plaintiff’s son exited the lift, but he pulled the plaintiff out of the lift chair in the process and she was injured. See, id. Plaintiff alleged that the top lift attendant should have slowed or stopped the lift because she and her son reached the unloading area. See, id. The court found that a question of fact existed as to whether the alleged failure to operate the ski lift in a safe manner was a proximate cause of the accident. See, id. In so finding, the court noted plaintiff’s deposition testimony that her son was yelling and making frantic attempts [**9] to untangle the skis and snow board and that plaintiff’s expert relied on that testimony in concluding that “the top lift attendant had sufficient time to observe plaintiff’s distress and to engage in what defendant’s night lift operation supervisor characterized as the exercise of judgment to slow or stop the lift.” Id. Defendants correctly argue that there is no evidence in the present case that plaintiff and her son caused any type of commotion prior to reaching the unloading area or tried to alert the attendant in any way for the top lift attendant to have noticed they were having any difficulty. The plaintiff has failed to come forward with proof in admissible form as in Miller, supra. that either the ski lift operator saw or should have seen that the plaintiff was in distress. Nor does plaintiff provide an expert opinion that based upon the facts here, the operator had time to take an action that would have prevented plaintiff’s fall. Plaintiff has likewise failed to raise an issue of fact as to whether she assumed the risk of her injury. Plaintiff does not dispute her experience as a skier or that she was familiar with the subject lift, as required by law. See, GOL §18-104; see [**10] also, 12 NYCRR §54.4. Nor has she submitted evidence to raise an issue of fact as to whether the defendants “created a dangerous condition over and above the usual dangers inherent in the sport of [downhill skiing]” Bennett v. Kissing Bridge Corporation, 17 AD3d 990, 794 N.Y.S.2d 538 (4th Dept. 2005), quoting, Owen v. RJS Safety Equip., 79 NY2d 967, 591 N.E.2d 1184, 582 N.Y.S.2d 998 (1992); see also, Miller, supra, quoting, Sontag, supra.
The plaintiff has also failed in her burden with respect to whether the lift attendants were properly trained, and in fact points to the National Ski Area’s Association Training completed by defendant’s employees. Nor has the plaintiff raised an issue as to whether the lift was properly operating on the day of the accident. Plaintiff has not disputed the inspection reports or the defendants’ compliance with the requisite regulations.
NOW, therefore, for the foregoing reasons, it is
ORDERED, that the defendant’s motion for summary judgment dismissal is granted.
ENTER
Dated: November 2, 2012
Syracuse, New York
DONALD A. GREENWOOD
Supreme Court Justice [***5]
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American Academy for Park & Recreation Administration (AAPRA) Best Paper Awards
Posted: February 17, 2013 Filed under: Conferences, Journal | Tags: x, y, z Leave a comment »SPRENET Colleagues, Graduate Faculty and Recent Masters and Baccalaureate Graduates:
The American Academy for Park & Recreation Administration (AAPRA) is proud to announce their Best Paper Awards for 2013. The Best Paper Award competition rotates every other year between a doctoral dissertation (even years) and a pre-doctoral research paper (odd years). This year the Academy will recognize the Best Master’s Thesis/Project or Undergraduate Professional Paper.
- BEST PAPER AWARD One (1) Best Paper Award of $500 plus expenses of up to $250 for the author to travel to the Academy’s Annual Meeting (at the NRPA Congress in Houston) to receive the award and present the paper.
- Certificate of Merit awards to the two (2) next Best Papers submitted.
Theses and papers should make a contribution to the scholarly literature and have clear implications for the improved practice of park and recreation administration. Please review the award eligibility, entry procedure, rating criteria and timeline attached. An electronic application/copy of an executive summary (not exceeding 1000 words) is due to the Chair of the Academy’s Best Paper Award Committee by Monday, April 8, 2013.
Please share this information with any recent master’s degree and/or baccalaureate graduates (open to those who completed their degree in calendar years 2011 or 2012) who may be eligible or interested in such a program/award.
You may contact the Best Paper Award Chair, Randy J. Virden with any questions. You may reach him via email at randy.virden or by phone at (408) 924-3199.
Sincerely,
Randy J. Virden
Best Paper Award Chair,
American Academy for Park & Recreation Administration
BestPaperAwardCriteria 2013.doc
2013 National Extension Tourism Conference
Posted: February 16, 2013 Filed under: Conferences | Tags: #Tourism, Charleston, Charleston South Carolina, Management Leave a comment » 
2013 National Extension Tourism Conference
Building Lasting Relationships
DoubleTree Suites Detroit
Downtown – Fort Shelby
August 6-9, 2013
The 2013 National Extension Tourism (NET) Conference Program Committee invites proposals for the 2013 NET Conference, the theme of which is “Building Lasting Relationships.” Based on this theme, the Conference Program Committee is seeking proposals for oral presentations, poster presentations, and panel presentations/workshops in the following nine broad topical areas:
- Rural Tourism Development/Tourism in Resilient Communities
- Community and Regional Planning and Development
- Economic, Environmental, and Social Impacts of Tourism and Recreation
- Agritourism—Local Foods, Farmers Markets, Culinary Tourism
- Heritage and Cultural Tourism
- Nature-Based Tourism: Ecotourism, Wildlife Enterprises, Adventure Tourism, Coastal Tourism
- Marketing and Promotion
- Tourism Research and Evaluation
- Tourism Education, Training, and Certification Programs
The Program Committee encourages all proposal submitters to “connect” their work in tourism and recreation development to the conference’s “Building Lasting Relationships” theme, and is calling for new presentations (previously unpublished) and/or projects in progress. Please note: If a proposal is accepted for presentation at the conference, presenters must register for the conference.
The deadline for proposal submission is March 1, 2013, with notification of submission status by March 22, 2013. Visit the conference website at http://www.extensiontourism.net/ for further information on the 2013 NET Conference, Proposal Submission and Guidelines, and to view the program agenda and abstracts of presentations and posters presented at both the 2011 NET Conference in Charleston, SC, and 2009 NET Conference in Park City, UT.
On behalf of the 2013 NET Conference Planning Committee,
Michelle Walk, Chair, 2013 NET Conference
Tom Chesnutt and Steve Burr, Co-Chairs, 2013 NET Conference Program Committee
Miles Phillips Chair NET Design Team
Attend the National Extension Tourism Conference (NET) Aug 6-9, 2013
http://extensiontourism.net
American Academy for Parks & Recreation Administration (AAPRA) Best Paper Award
Posted: February 12, 2013 Filed under: National Recreation & Parks Association | Tags: American Academy for Parks & Recreation Administration, Colleges and Universities, education, Master's degree, National Recreation & Parks Association Leave a comment »AWARDS
One (1) student will receive a Best Student Paper Award of $500 plus expenses of up to $250 for the author to travel to the Academy’s Annual Meeting to receive the award and present the paper; the paper will be published in Parks & Recreation Magazine.
Certificate of Merit awards will be given to the two (2) next best student papers submitted
ELIGIBILITY
A student paper refers to either a master’s thesis or a major professional paper written in partial fulfillment of the requirements for a master’s degree; or to a senior undergraduate thesis written in partial fulfillment of the requirements for a baccalaureate degree or similar qualification.
The paper must have been completed in the previous two (2) calendar years.
The paper should make a contribution to scholarly literature and have clear implications for the improved practice of park and recreation administration.
Papers written by students who were pursuing a doctoral degree at the time the paper was written are not eligible.
The writer of the winning paper must personally attend the Academy’s annual meeting during the National Recreation and Park Association’s Annual Congress and present a five (5) minute synopsis of his or her paper.
ENTRY PROCEDURE
An electronic copy of an executive summary of the paper, not exceeding 1000 words should be submitted to the Chair of the Academy’s Best Paper Award Committee. Summaries exceeding this word limit will not be considered. This is due April 15, 2013.
ADDITIONAL DETAILS ARE FOUND ON THE ATTACHMENT.
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Skier Fatalities by Month
Posted: January 30, 2013 Filed under: NSAA (National Ski Area Association), Ski Area, Skiing / Snow Boarding | Tags: fatality, National Ski Area Association, NSAA, Ski, ski area, ski Area Fatality, Ski Resort, Sports, Winter sport Leave a comment »These are fatalities at ski resorts, in-bounds and not labeled by the NSAA as a medical issue. These are from my reports and not from the NSAA.
The first chart is the skier and boarder fatalities by year.
This chart is the skier and boarder fatalities graphed by month for each year.
Here are the numbers:
| 12-13 | 12-11 | 11-10 | 10-09 | 09-08 | 08-07 | 07-06 | 06-05 | 05-04 | |
| Nov | 0 | 3 | 1 | 2 | 0 | 2 | 0 | 2 | 0 |
| Dec | 5 | 1 | 12 | 4 | 10 | 5 | 3 | 2 | 10 |
| Jan | 3 | 17 | 13 | 7 | 10 | 12 | 11 | 9 | 12 |
| Feb | 12 | 14 | 9 | 6 | 13 | 11 | 14 | 14 | |
| Mar | 14 | 9 | 6 | 6 | 23 | 3 | 8 | 5 | |
| Apr | 0 | 1 | 1 | 4 | 3 | 0 | 6 | 1 | |
| May | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | |
| Total | 8 | 47 | 51 | 29 | 36 | 46 | 27 | 40 | 42 |
I cannot make any discernible connection just by looking at the month when a skier or boarder has a fatality at a ski area in bounds.
What do you think? Leave a comment.
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