If it is there, it is real and probably has a legal implication.

I found this on a web page. The web page was titled outfitter guidelines.

These guidelines are intended for educational purposes only. The are not intended as a basis for evidence of legal responsibility or negligence in any legal action. ORGANIGATION suggested guidelines are for commercial tours, rentals and lessons and it is recognized that each area and each situation calls for different responses and implies no limitations on solutions the operator may choose.

One of the dreams in our world is that we can control how the courts look at things. YOU CAN’T! The web page says guidelines. The organization is well respected and represents the industry. They will be used to prove an outfitter was negligent. It does not matter what you say on the website. The process to impress the jury is so easy and devious that the head of an organization would be trapped before they knew what hit them. Example:

Plaintiff’s Attorney (PA) Mr. Executive Director, you work for ABC organization correct.
Executive Director: (ED) Yes
PA: How long have you worked for ABC?
ED 4 years
PA How many members does ABC have?
ED 450 members
PA And you have strict membership requirements, members must be involved in the tidily wink industry before they can join correct?
ED Yes
PA Your membership comprises 80% of the membership in the tidily wink industry is that not correct?
ED Yes, (proudly)
PA Your membership includes the top 10 largest manufactures and outfitters in the tidily wink industry correct?
ED Yes, (more proudly)
PA Your organization is the voice of the tidily wink industry correct?
ED Yes, (head swollen to watermelon size)
PA You membership spent many hours developing these guidelines did they not?
ED Yes, over 300 hours.
PA You brought in the experts in the industry to develop these guidelines?
ED Yes
PA Your best members abide by those guidelines do they not? (The clincher question!)
ED Yes
PA In fact the vast majority of your members abide by those guidelines, if they didn’t why have them up there. (Lots of objects and arguments, but the point was made to the jury, everyone abides by those guidelines in the industry.)
PA You intended the guidelines to be the best-written document in how to run a tidily wink business correct?
ED Yes
PA Why would you create guidelines unless you thought your membership should abide by them?
ED Mumbling
PA Why would you create guidelines unless your experts thought that every tidily wink outfitter out there should recognize them as the standard in the industry?
ED Mumbling and sweating
PA You just told us you have the best members of the tidily wink industry did you not?
ED Yes (quietly)
PA You just told us the experts created those guidelines did you not.
ED Yes
PA So if someone did not meet those guidelines, they are obviously not a very good tidily wink business are they?
ED Well there are good business and not so good business……….. (That is one way to make your membership happy!)
PA So if a business did not follow those guidelines based on what you have told us today they are not a good tidily wink outfitter are they not!

And it would go on. By the time the Plaintiff’s attorney was done asking the Executive director about the guidelines, the jury would know that the guidelines are the way to run your business. Make your own guidelines, you can live with those. Be wary of anyone who is making guidelines for you.
Besides, is there really only one way to do something?

At the very least, list them as suggestions or best practices. Remove any language that uses legal terminology or implies a legal requirement. State the ideas are for reference only and suggestions. Explain how different programs are going to implement different ideas or none of these ideas because of their program, their parameters, the environment, etc.

I was listening to a panel discussion once where one of the speakers, non-attorney, stated that as an outfitter you need to get with your attorney after an accident to decide what documents are privileged. Here again, the belief is you can control how the law is applied or looks at you. Privilege, the ability to make sure only your attorney sees a document, attaches the moment the document is created and does not change. You cannot come back later and say this document is privileged. (A privileged document is one that was created for your attorney, doctor, or priest and only for your attorney, doctor, or priest. If any other person sees the document, the privilege is lost.)

Worse if the word guidelines had been replaced with Standards. No need to worry about what you say on the stand, you would have all ready lost if some organization labels their ideas as standards.
Understand the legal issues in your business.

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

© 2010 James H. Moss

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