Outdoor Recreation Insurance,
Risk Management, and Law


A practical legal, risk-management, and insurance
resource for the outdoor recreation industry.

Running an outdoor recreation business means accepting risk.
It does not mean accepting unnecessary legal risk.

Whether you operate a guide service, outfitter, ski area,
rafting company, paddlesports business, climbing program,
adventure travel company, rental operation, camp, nonprofit,
manufacturing company, or other outdoor recreation business,
you face legal and insurance issues every day.

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James H. Moss, JD

Outdoor Recreation Insurance, Risk Management, and Law

A Practical Resource for the Outdoor Recreation Industry


Outdoor Recreation Insurance, Risk Management, and Law

is designed to help outdoor recreation professionals understand
the legal, risk-management, and insurance issues that affect their
businesses, programs, and organizations.

This is not simply a book about legal theory.
It is a practical reference for people who actually operate,
manage, insure, manufacture for, or provide services to the
outdoor recreation industry.

It is designed for:

  • Outdoor guides and outfitters
  • Adventure and experiential travel companies
  • Ski areas and ski businesses
  • Whitewater rafting and paddlesports companies
  • Climbing and mountaineering operations
  • Camps and outdoor education programs
  • Rental businesses
  • Recreation nonprofits
  • Manufacturers and suppliers
  • Retailers and service providers
  • Tour operators
  • Program directors and risk managers
  • Owners and managers of outdoor recreation businesses
  • Students and professionals entering the industry

Powder skier

Understand What Happens When Something Goes Wrong

Most businesses think about risk management in terms of preventing
accidents.

That is only part of the problem.

What happens after the accident?

Who can be sued? What claims can be made? What defenses may be
available? What did the participant agree to before participating?
Does a release apply? What happens when the participant is a minor?
What role does insurance play? What statutes apply to the activity?

Understanding those questions
before an accident occurs
can change the way you manage your operation.

This book takes the reader from the fundamentals of the U.S.
legal system through the specific legal defenses and
risk-management issues that affect outdoor recreation.

Mountain biker

Rock climber

The Book Gets Specific About Outdoor Recreation

Generic business risk-management advice often fails to address
the realities of outdoor recreation.

Outdoor recreation has unique activities, participants, equipment,
environments, employees, guides, weather conditions, inherent risks,
and operational issues.

This book addresses those realities.

It examines legal and risk-management issues associated with
activities including:

  • Skiing and ski areas
  • Whitewater rafting
  • Water sports and paddlesports
  • Other water-based activities
  • Mountain biking
  • Climbing
  • Mountaineering
  • Commercial recreational activities
  • Rental programs
  • Outdoor programs and operations

The activity-specific approach helps readers move beyond general
legal concepts and begin thinking about

the risks created by the activities they actually provide.

Mountaineering

A Resource for Business Owners—Not Just Lawyers

You do not need to be an attorney to benefit from this book.

One purpose of the book is to help the people running outdoor
recreation businesses understand the legal and risk-management
issues they encounter

before they have to call an attorney because something has gone wrong.

The book can help you ask better questions of your:

  • Attorney
  • Insurance broker
  • Insurance carrier
  • Risk manager
  • Employees
  • Guides and instructors
  • Program directors
  • Consultants
  • Business partners

It can also help you recognize when a question deserves
professional advice.


Knowing what questions to ask can be just as important
as knowing the answers.

Use It as a Risk-Management Reference

Keep it available when you:

  • Start a new outdoor recreation business or program
  • Add a new activity
  • Develop or revise a participant release
  • Review your insurance coverage
  • Establish rental procedures
  • Develop employee or guide procedures
  • Evaluate a new program
  • Work with minors
  • Purchase or develop equipment
  • Evaluate an accident or incident
  • Review your risk-management program
  • Talk with your attorney or insurance professional

The book is designed to be a

reference manual you can return to when a new question arises.

14 Chapters Cover the Issues You Need to Understand

1. Outdoor Recreation Risk Management, Law, and Insurance: An Overview
2. U.S. Legal System and Legal Research
3. Risk
4. Risk, Accidents, and Litigation: Why People Sue
5. Law
6. Statutes That Affect Outdoor Recreation
7. Preinjury Contracts to Prevent Litigation: Releases
8. Defenses to Claims
9. Minors
10. Skiing and Ski Areas
11. Other Commercial Recreational Activities
12. Water Sports, Paddlesports, and Water-Based Activities
13. Rental Programs
14. Insurance

Canoer

Don’t Wait Until After the Accident

The most expensive time to learn about your legal and insurance
risks is after someone has been injured.

A lawsuit is not the time to discover that your release does not
address an activity you added two years ago.

An insurance claim is not the time to discover that you
misunderstood your coverage.

An accident is not the time to begin asking whether your
operating procedures adequately addressed a known risk.


Risk management works best before the claim.


Outdoor Recreation Insurance, Risk Management and Law

gives outdoor recreation professionals a resource for understanding
these issues before they become problems.

Understand the Risks. Understand the Law. Protect Your Business.

Purchase Outdoor Recreation Insurance,
Risk Management, and Law

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