Doom and Gloom: Only if you look at it that way

I was accused by one of my colleagues of being a scary attorney. Not my overall legal skills (I hope) but the way I presented ideas. It shook me up a lot, and thus this article. I don’t want to be accused, ever; of being an attorney whose communications whether written or oral prohibit any activity or program. If you fully inform your guests of the risks they are about to undertake and get their signature on a document acknowledging those risk and waiving their right to sue, you should be able to do about anything short of intentionally hurting a guest.

This website is designed to help you with the intricacies of the information to impart to your guests and suggestions on how to write your waivers/releases; to CYA in the state you are located and/or operating within. It is not meant to stop you from doing anything. The steps you must take will vary based upon three main factors in order of importance;

1. the most important one the state you are working in or saying the law that will be applied to your operation.
2. The clientele you are marketing too and receiving your guests from; and,
3. The activity you are doing.

Of the three, for most reader’s number 1 is the most important and possibly the only important factor.

The articles written here and what I impart through other mediums are designed to help you with these three steps. Each article if it does not have information in the body on how to overcome the legal issue it presents usually has a summary or a list of actions to take to overcome the problem the article explores.

Most of the lawsuits that occur do not occur to well run organizations except for the freak accident that occurs once in a while. In fact, most of the lawsuits reported anywhere are from organizations that do not work with an attorney and do not stay up on the legal issues in their profession. The releases are cut and copied from third parties and not written by legal counsel knowledgeable about the activity or maybe even the laws of the state. The procedures being used were adopted when the program began and have not changed since then. The people rarely show up at conferences or become involved in their trade organizations. Their risk management plan consists of a check they write to their insurance carrier every year, complaining about the increase in the premium as they do.

Good companies rarely see courtroom except on historical tours and are seen at annual trade conferences. Good companies read these articles knowing most of the lexicon and with a good understanding of the issues. Good companies work with their insurance providers showing them what they are doing to reduce the risk in their programs.

Here at Recreation Law blog I want you to read, enjoy, laugh once in a while, learn and never see a courtroom as a defendant. I want you to offer all of the programs you can to your guests, knowing that the odds are in your favor if you have done everything possible prior to the accident, and you work hard dealing with the victims after the accident. I do not want these articles to restrict your opportunities but to fine tune them. I do not want people to not experience the full range of fitness and the outdoors but to explore and grow and experience everything life has to offer. I want to help, not stop.

If I sometimes write a little gloomy, only of doom, it is a bad writing job or my own dismay at how a court has ruled making your life a little tougher and for that I apologize in advance.

Copyright 2010 Recreation Law (720) Edit Law, Recreaton.Law@Gmail.com

© 2010 James H. Moss

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