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Can’t Sleep? Guest was injured, and you don’t know what to do? This book can answer those questions for you.

An injured guest is everyone’s business owner’s nightmare. What happened, how do you make sure it does not happen again, what can you do to help the guest, can you help the guests are just some of the questions that might be keeping you up at night.

This book can help you understand why people sue and how you can and should deal with injured, angry or upset guests of your business.

This book is designed to help you rest easy about what you need to do and how to do it. More importantly, this book will make sure you keep your business afloat and moving forward.

You did not get into the outdoor recreation business to worry or spend nights staying awake. Get prepared and learn how and why so you can sleep and quit worrying.

                                      Table of Contents

Chapter 1    Outdoor Recreation Risk Management, Law, and Insurance: An Overview

Chapter 2    U.S. Legal System and Legal Research

Chapter 3    Risk 25

Chapter 4    Risk, Accidents, and Litigation: Why People Sue

Chapter 5    Law 57

Chapter 6    Statutes that Affect Outdoor Recreation

Chapter 7    Pre-injury Contracts to Prevent Litigation: Releases

Chapter 8    Defenses to Claims

Chapter 9    Minors

Chapter 10    Skiing and Ski Areas

Chapter 11    Other Commercial Recreational Activities

Chapter 12    Water Sports, Paddlesports, and water-based activities

Chapter 13    Rental Programs

Chapter 14    Insurance

             $99.00 plus shipping

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What is a Risk Management Plan and What do You Need in Yours?

Everyone has told you, you need a risk management plan. A plan to follow if you have a crisis. You‘ve seen several and they look burdensome and difficult to write. Need help writing a risk management plan? Need to know what should be in your risk management plan? Need Help?

This book can help you understand and write your plan. This book is designed to help you rest easy about what you need to do and how to do it. More importantly, this book will make sure you plan is a workable plan, not one that will create liability for you.

 

                                             Table of Contents

Chapter 1    Outdoor Recreation Risk Management, Law, and Insurance: An Overview

Chapter 2    U.S. Legal System and Legal Research

Chapter 3    Risk 25

Chapter 4    Risk, Accidents, and Litigation: Why People Sue

Chapter 5    Law 57

Chapter 6    Statutes that Affect Outdoor Recreation

Chapter 7    PreInjury Contracts to Prevent Litigation: Releases

Chapter 8    Defenses to Claims

Chapter 9    Minors

Chapter 10    Skiing and Ski Areas

Chapter 11    Other Commercial Recreational Activities

Chapter 12    Water Sports, Paddlesports, and water-based activities

Chapter 13    Rental Programs

Chapter 14    Insurance

               $99.00 plus shipping


Not going to worry about California Proposition 65? Here are some facts from the California Attorney General’s office that may change your mind or at let you know how much money you are going to lose!

Before filing a lawsuit for a violation of California 65 violations law firms have to file a 60-day notice letter with the California Attorney General’s Office. After the settlement or lawsuit, the attorneys must report those (and the attorney general probably has to approve the settlements).

Here are some numbers and examples of the manufacturers and settlement amounts. Remember these settlements are prior to the new fines going into effect. After August 30, 2018 I suspect these numbers are going to skyrocket.

Year

Amount of Settlements

Civil Penalty

Attorney Fees & Costs

Total

2014 $29,482,280 $4,915,648 $21,047,746 $55,447,688.00
2015 $26,266,261.00 $5,108,341.00 $17,862,441.25 $55,447,688.00
2016 $26,226,761 $5,102,341 $17,828,941 $49,160,059.00
2017 $25,767,500 $4,843,142 $19,486,362 $50,099,021.00
$107,742,802.00 $19,969,472.00 $76,225,490.25 $210,154,456.00

That is a lot of money but those are totals. If you look at averages it is even scarier numbers.

Year

Total Settlement costs for the year

Number of Settlements

Average

2014 $55,447,688.00

663

$83,631.51
2015 $55,447,688.00

583

$95,107.53
2016 $49,160,059.00

582

$84,467.46
2017 $50,099,021.00

688

$72,818.34

References

2014 Reports: https://oag.ca.gov/sites/all/files/agweb/pdfs/prop65/alpert-report2014.pdf

2015 Reports: https://oag.ca.gov/sites/all/files/agweb/pdfs/prop65/2015-prop65-full-rpt.pdf

2016 Reports: https://oag.ca.gov/sites/all/files/agweb/pdfs/prop65/2015-summary-report.pdf

2017 Reports: https://oag.ca.gov/sites/all/files/agweb/pdfs/prop65/2017-summary-settlements.pdf

From this site you can search the 60-day notices and see who has been targeted. Searches have found the following retailers and manufacturers on this site. https://oag.ca.gov/prop65/60-day-notice-search

Retailer Named

Manufacturer Named

Clavey Paddlesports AIRE Inc.
Backcountry.com Bear Vault Food Cannister
Backcountry.com Canyonwerks Bag
Backcountry.com Katadyn North America Inc
Backcountry.com Sawyer Paddles & Oars
Backcountry.com Tender Corporation; Adventure Medical Kits
Backcountry.com Amphipod, Inc
REI Topeak, Inc
REI Todson, Inc
REI Feedback Sports, LLC;
REI Advanced Elements, Inc.
REI Eagle Nest Outfitters, Inc
REI CAMP USA, Inc.
REI Shock Doctor Inc
REI Amphipod, Inc.
REI Bombardier Recreational Products, Inc.
REI Mountain Safety Research, Inc.
REI Cascade Designs, Inc.
REI Snow Peak USA, Inc.
REI Recreational Equipment, Inc.
REI Kelty, Inc.; American Recreation Products, LLC
REI Katadyn North America, Inc.
REI Recreational Water Products, Inc.
REI Bell Sports, Inc.
REI Specialized Bicycle
REI Shimano, Inc.;
REI Scott USA
REI Raleigh America
REI Quality Bicycle Products, Inc
REI Pacific Cycle, Inc
REI Kung Hsue She
REI Iron Horse Bicycle, LLC
REI Giant Bicycle, Inc
REI G. Joannou Cycle Co
REI Fuji American Advanced Sports, Inc
REI Felt Bicycles
REI Electra Bicycle Company, Inc
REI Dynacraft BSC, Inc
REI Cycleurope U.S.A., Inc
REI Cannondale Bicycle Corp.
REI Chia Cherne Industry Co. Ltd

Two Simple searches and 42 results and the big settlements have not started.

Do Something

If you are a manufacturer selling in the USA contact me NOW!

Every Manufacturer worldwide selling in California must meet these new Labeling Requirements. New California Proposition 65 warnings will become effective in one year.

California Proposition 65 is a nightmare for manufacturers and as usual, manufacturer bad dreams are felt by retailers.

Manufacturers Checklist for California Proposition 65

What do you think? Leave a comment.

Copyright 2018 Recreation Law (720) 334 8529

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





If you are interested in having me write your release, fill out this Information Form and Contract and send it to me.

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Facebook Page: Outdoor Recreation & Adventure Travel Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:
www.recreation-law.com

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

By Recreation Law    Rec-law@recreation-law.com    James H. Moss

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



Like Birds? Are you Familiary with The Cornell Lab of Ornithology?

Together, we achieved unprecedented growth and impact for birds.

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Dear Friend,

With your help, the Cornell Lab of Ornithology can pursue scientific excellence and engage people of all ages in learning about birds and protecting the planet.

As you’ll see below, technological innovation expands our impact, and it wouldn’t be possible without financial support from friends like you.

If you’re able, please help us sustain these vibrant programs by making a year-end donation to the Cornell Lab today!

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Help us keep it going in 2019, Friend!

 


We’re pleased that so many people can express their passion for birds and conservation through tools developed here at the Cornell Lab.

Just as you rely on us to lead the world in the study, appreciation, and conservation of birds, we rely on our community of citizen scientists and friends for the majority of our funding.

If you’re in a position to do so, please support our work with a special year-end gift today.

Thank you!

Jessica Cassidy Sig sm

Jessica Cassidy
Director of Membership and Annual Giving
Cornell Lab of Ornithology

 


Need a Handy Reference Guide to Understand your Insurance Policy?

This book should be on every outfitter and guide’s desk. It will answer your questions, help you sleep at night, help you answer your guests’ questions and allow you to run your business with less worry.

Table of Contents

Chapter 1    Outdoor Recreation Risk Management, Law, and Insurance: An Overview

Chapter 2    U.S. Legal System and Legal Research

Chapter 3    Risk 25

Chapter 4    Risk, Accidents, and Litigation: Why People Sue

Chapter 5    Law 57

Chapter 6    Statutes that Affect Outdoor Recreation

Chapter 7    PreInjury Contracts to Prevent Litigation: Releases

Chapter 8    Defenses to Claims

Chapter 9    Minors

Chapter 10    Skiing and Ski Areas

Chapter 11    Other Commercial Recreational Activities

Chapter 12    Water Sports, Paddlesports, and water-based activities

Chapter 13    Rental Programs

Chapter 14    Insurance

             $99.00 plus shipping


New Book Aids Both CEOs and Students

“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry

Denver based James H. Moss, JD, an attorney who specializes in the legal issues of outdoor recreation and adventure travel companies, guides, outfitters, and manufacturers, has written a comprehensive legal guidebook titled, “Outdoor Recreation Insurance, Risk Management, and Law”. Sagamore Publishing, a well-known Illinois-based educational publisher, distributes the book.

Mr. Moss, who applied his 30 years of experience with the legal, insurance, and risk management issues of the outdoor industry, wrote the book in order to fill a void.

There was nothing out there that looked at case law and applied it to legal problems in outdoor recreation,” Moss explained. “The goal of this book is to provide sound advice based on past law and experience.”

The Reference book is sold via the Summit Magic Publishing, LLC.

While written as a college-level textbook, the guide also serves as a legal primer for executives, managers, and business owners in the field of outdoor recreation. It discusses how to tackle, prevent, and overcome legal issues in all areas of the industry.

The book is organized into 14 chapters that are easily accessed as standalone topics, or read through comprehensively. Specific topics include rental programs, statues that affect outdoor recreation, skiing and ski areas, and defenses to claims. Mr. Moss also incorporated listings of legal definitions, cases, and statutes, making the book easy for laypeople to understand.

PURCHASE

 

TABLE OF CONTENTS

Table of Cases

Introduction

Outdoor Recreation Law and Insurance: Overview

Risk

    Risk

        Perception versus Actual Risk

        Risk v. Reward

        Risk Evaluation

    Risk Management Strategies

        Humans & Risk

        Risk = Accidents

        Accidents may/may not lead to litigation

    How Do You Deal with Risk?

    How Does Acceptance of Risk Convert to Litigation?

    Negative Feelings against the Business

Risk, Accidents & Litigation

        No Real Acceptance of the Risk

        No Money to Pay Injury Bills

        No Health Insurance

        Insurance Company Subrogation

        Negative Feelings

Litigation

    Dealing with Different People

    Dealing with Victims

        Develop a Friend & Eliminate a Lawsuit

        Don’t Compound Minor Problems into Major Lawsuits

    Emergency Medical Services

    Additional Causes of Lawsuits in Outdoor Recreation

        Employees

        How Do You Handle A Victim?

        Dealing with Different People

        Dealing with Victims

Legal System in the United States

    Courts

        State Court System

        Federal Court System

        Other Court Systems

    Laws

    Statutes

    Parties to a Lawsuit

    Attorneys

    Trials

Law

    Torts

        Negligence

            Duty

            Breach of the Duty

            Injury

            Proximate Causation

            Damages

        Determination of Duty Owed

        Duty of an Outfitter

        Duty of a Guide

        Duty of Livery Owner

        Duty of Rental Agent

        Duty of Volunteer Youth Leader

        In Loco Parentis

    Intentional Torts

    Gross Negligence

    Willful & Wanton Negligence

    Intentional Negligence

    Negligence Per Se

    Strict Liability

    Attractive Nuisance

    Results of Acts That Are More than Ordinary Negligence

    Product Liability

    Contracts

        Breach of Contract

        Breach of Warranty

        Express Warranty

        Implied Warranty

            Warranty of Fitness for a Particular Purpose

            Warranty of Merchantability

            Warranty of Statute

    Detrimental Reliance

    Unjust Enrichment

    Liquor Liability

    Food Service Liability

    Damages

        Compensatory Damages

        Special Damages

        Punitive Damages

Statutory Defenses

    Skier Safety Acts

    Whitewater Guides & Outfitters

    Equine Liability Acts

 

Legal Defenses

    Assumption of Risk

        Express Assumption of Risk

        Implied Assumption of Risk

        Primary Assumption of Risk

        Secondary Assumption of Risk

    Contributory Negligence

    Assumption of Risk & Minors

    Inherent Dangers

    Assumption of Risk Documents.

        Assumption of Risk as a Defense.

        Statutory Assumption of Risk

        Express Assumption of Risk

    Contributory Negligence

    Joint and Several Liability

Release, Waivers & Contracts Not to Sue

    Why do you need them

    Exculpatory Agreements

        Releases

        Waivers

        Covenants Not to sue

    Who should be covered

    What should be included

        Negligence Clause

        Jurisdiction & Venue Clause

        Assumption of Risk

        Other Clauses

        Indemnification

            Hold Harmless Agreement

        Liquidated Damages

        Previous Experience

        Misc

            Photography release

            Video Disclaimer

            Drug and/or Alcohol clause

            Medical Transportation & Release

                HIPAA

        Problem Areas

    What the Courts do not want to see

Statute of Limitations

        Minors

        Adults

Defenses Myths

    Agreements to Participate

    Parental Consent Agreements

    Informed Consent Agreements

    Certification

    Accreditation

    Standards, Guidelines & Protocols

    License

Specific Occupational Risks

    Personal Liability of Instructors, Teachers & Educators

        College & University Issues

    Animal Operations, Packers

        Equine Activities

    Canoe Livery Operations

        Tube rentals

Downhill Skiing

Ski Rental Programs

Indoor Climbing Walls

Instructional Programs

Mountaineering

Retail Rental Programs

Rock Climbing

Tubing Hills

Whitewater Rafting

Risk Management Plan

    Introduction for Risk Management Plans

    What Is A Risk Management Plan?

    What should be in a Risk Management Plan

    Risk Management Plan Template

    Ideas on Developing a Risk Management Plan

    Preparing your Business for Unknown Disasters

    Building Fire & Evacuation

Dealing with an Emergency

 

Insurance

    Theory of Insurance

    Insurance Companies

    Deductibles

    Self-Insured Retention

    Personal v. Commercial Policies

    Types of Policies

        Automobile

            Comprehension

            Collision

            Bodily Injury

            Property Damage

            Uninsured Motorist

            Personal Injury Protection

            Non-Owned Automobile

            Hired Car

    Fire Policy

        Coverage

        Liability

        Named Peril v. All Risk

    Commercial Policies

    Underwriting

    Exclusions

    Special Endorsements

    Rescue Reimbursement

    Policy Procedures

    Coverage’s

    Agents

    Brokers

        General Agents

        Captive Agents

    Types of Policies

        Claims Made

        Occurrence

    Claims

    Federal and State Government Insurance Requirements

Bibliography

Index

The 427-page volume is sold via Summit Magic Publishing, LLC.

 


The title says it all! Wrongful death suit filed by parent of man who drowned on Kings Canyon National Forest trip

The sub-title will be hikers only go out alone after this lawsuit, too afraid of being sued by companions. Search and Rescues sky rocket.

Here is the article.

Wrongful death suit filed by parent of man who drowned on Kings Canyon National Forest trip

 

https://norcalrecord.com/stories/511528521-wrongful-death-suit-filed-by-parent-of-man-who-drowned-on-kings-canyon-national-forest-trip

The parent of a man who drowned while on an expedition in Kings Canyon National Forest has filed a wrongful death suit against one of man’s companions.

Dante Chiarabini, as personal representative of the estate of Luca Chiarabini, filed a complaint on July 27 in the Fresno County Superior Court against Richard Ianniello and Does 1-10 alleging wrongful death.

According to the complaint, on Aug. 3, 2017, Luca Chiarabini was on a wilderness canyoneering expedition with Ianniello and another companion, William Hunt.

The suit states as the decedent attempted to cross the Kings River in the Kings Canyon National Forest, he explicitly instructed defendant Ianniello to properly anchor the rope so that he did not drift into the rapids, which were located downstream. The suit states Ianniello failed to execute this, causing the decedent to be swept downstream.

The plaintiff holds Ianniello and Does 1-10 responsible because the defendants allegedly allowed the rope to extend past the knot connected the ropes against instruction, failed to properly anchor the rope and failed to keep Chiarabini in sight.

The plaintiff requests a trial by jury and seeks judgment against defendants for general and special damages, interest, funeral and burial expenses, costs of suit, and further relief as the court deems just. The plaintiff is represented by Grant G. Teeple, Frederick M. Reich and Christine T. Levu of Teeple Hall LLP in San Diego.

What do you think? Leave a comment.

Copyright 2018 Recreation Law (720) 334 8529

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

If you are interested in having me write your release, fill out this Information Form and Contract and send it to me.

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Facebook Page: Outdoor Recreation & Adventure Travel Law

Email: Rec-law@recreation-law.com

Google+: +Recreation

Twitter: RecreationLaw

Facebook: Rec.Law.Now

Facebook Page: Outdoor Recreation & Adventure Travel Law

Blog:
www.recreation-law.com

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

By Recreation Law    Rec-law@recreation-law.com    James H. Moss

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