Betty van der Smissen

Betty van der Smissen died early this morning. I’ve posted information about a research endowment in her name through the Association of Experiential Education and her funeral information below at Very Sad News about a Founder in Outdoor Recreation Law.

I met better 18 years ago at a conference. I had just read her three volume set of books, Legal Liability and Risk Management for Public and Private Entities. I had read them cover to cover because it was a treatise on the issues I was litigating. We were having a great discussion and I mentioned a reference in her book. As the discussion continued, she said “We’ll you said you’ve read my books, you know then there is a case with a one sentence release.” I was clueless. I guessed at a couple of cases and she would not tell me the answer. I then guessed Blide v. Rainier Mountaineering Inc. and she said I was right. I have no idea why I guessed Blide, but I am ever so thankful I did. However Betty also knew I was guessing.

I argued with her because I thought the release in Blide was more than one sentence. Again I got a professor statement, “look it up.” I still don’t agree with her on that point, but I value the lesson I learned. One of which was not to tackle a discussion with Betty unless you were well prepared!

I’ve never forgotten that case or Betty. We spent a lot of time together at conferences and on the telephone over the next 18 years. We argued passionately about several legal issues, the number one being standards. She felt it was necessary to have standards so people could have something to follow. I, from a litigation background believe standards are usually followed by the plaintiff’s to start litigation. I could make her get passionate about the issue, but we always enjoyed the arguments.

I asked her if she was ever going to move again when she recently moved to Arkansas. She said no, but mainly because she had run out of friends to help move her books. She had the library on recreation law. But she did not stop there. Her research and writing expanded into all aspects of outdoor and experiential education.

A couple of years ago I had misplaced Volume III of Legal Liability and Risk Management for Public and Private Entities. I was heartbroken more because I had lost a book of a good friend much more then losing a valuable book. A little more searching put all three volumes together again with great relief.

Each discussion, each conversation, each time I spent with her was educational and fantastic. Each discussion made me work hard and with a great big grin on my face because I knew she enjoyed the discussions also.

We shall all miss Betty. She was the first to look at the legal issues of recreating outside and the first to research the issue. She is leaving a big hole in my world which will not be filled. We owe her a big Thank You for her work, her dedication, her devotion to her students, her friends and her discipline

Blide V. Rainier Mountaineering, Inc., 636 P.2d 492, 30 Wn. App. 571 (1981). The one sentence release is “In consideration of, and as part payment for, the right to participate in such mountain trips or other activities and the services and food arranged for me by RMI I have and do hereby assume all the above mentioned risks and will hold them harmless from any and all liability, actions, causes of action, debts, claims, demands of every kind and nature whatsoever which may arise out of or in connection with my trip or participation in any activities arranged for me by RMI.” Although I still think the sentence following was instrumental in the court’s decision. J