Plaintiff’s lawsuit stalled for three years over quick release hubs on a bike.
Posted: February 4, 2010 Filed under: Cycling Leave a commentHowever, his bike was all ready 15 years old when he broke it.
A plaintiff is suing a Santa Fe bicycle shop in Federal District Court for his injuries when his front wheel left his bike while riding on a motocross course. At the time, 2003, his bike was 15 years old. The plaintiff purchased the bike in 1988. At the time, front forks were straight with no notches (lawyer lips) to hold the wheel on if the quick release was not on correctly.
The delays have occurred because the plaintiff sued the bike shot where he bought the bike. The bike shop is attempting to bring in the manufacture of the bike and components as third party defendants to help offset any of the costs or damages awarded. This was incorrectly identified in the article as indemnification.
The issue is how many times since 1988 has the front wheel been off the bike since the plaintiff bought the bike and who put the wheel back on the bike? If the plaintiff put his own front wheel on the bike and that is why if fell off, then you should learn from your mistakes.
In this case, the plaintiff is attempting to hold someone else liable if he was responsible for putting the wheel on incorrectly. Although the plaintiff went over his handlebars during the accident, he has regained all motion except for loss of range of motion and has acid reflux from being in a body cast for six months.
This case has probably created worse ailments for the owner of the bike shop!
See Lawsuit against S.F. bicycle shop sees delays.
Myths of skiing injuries debunked by physician’s study.
Posted: February 2, 2010 Filed under: Skiing / Snow Boarding 1 CommentMyths of skiing injuries debunked by physician’s study.
The vivid images of wrecks disasters and injuries from the sport media are not real.
An article Doctor seeks to debunk skiing myths looks at a study published by Dr. Robert Johnson in the November/December issue of Sports Health. The study was titled Myths Concerning Alpine Skiing Injuries and authored by Robert J. Johnson, MD, Carl F. Ettlinger, Ettlinger, Ettlinger, MS and Jasper E. Shealy, PhD.
The results of this study even caught me off guard, and I have been studying the ski industry for more than twenty years. The study looked at twelve common myths in the industry.
1) “Skiing is among the most dangerous activities.” The fatality rate makes it safer than driving a car and slightly more dangerous than riding a bicycle per million hours of exposure.
2) “Broken legs have been traded for blown-out knees.” Knee injuries increasing and broken legs decreasing in skiing occurred at different times and are not related. See number 11 below for an interesting twist on this issue.
3) “All you need know is your DIN (release indicator value) number and you can adjust your bindings.” There are four different factors used to determine the correct DIN, height, weight, skiing ability and boot sole length. Even knowing these may not be enough because how the boot fits into the binding is also critical.
4) “Toe and heel pieces must be set to the same Release Indicator Value or the bindings won’t function right.” No, see study 3 above.
5) “Formal ski instruction will make you safer. This is not true. However, every ski resort in the US argues with this result. Personally, I would have disagreed with this study if a ski lesson taught you how to fall, however, now I am confused based on study 9 below.
6) “The shorter the ski, the less torque is applied to the leg in a fall. Therefore, short skis don’t need release bindings.” There is a 3 to 20–fold increase in broken ankles and tibias from using short skis. You should use releasable bindings on these skis also.
7) “Young bones bend rather than break, so there’s no point spending a lot of money on children’s equipment.” Children have the highest risk to equipment related injuries so properly functioning equipment is critical for them.
8) “When buying boots for children, leave plenty of room for fast-growing feet.” If a child’s boot does not foot there is an increased chance of a lower leg fracture. I think this is common sense.
9) “If you think you’re going to fall, just relax and let it happen.” This always seemed to work for me, however the study indicates differently. You should fall however, you should assume the position of a parachutist landing and tense your muscles and joints to stiffen and protect them.
10) “Exercise is the best way to avoid skiing-related injuries.” This is going to mess up consumer magazines that constantly have articles on getting in shape for skiing. This does not mean that being in shape will not be a better skiing experience, it just will not change your chance of injury.
11) “Tighter standards that mandate lower release setting will reduce the risk of an ACL injury.” This has been known in the industry for years and is one of the common misconceptions in the industry. Knee injuries are not related to your binding releasing or how your binding releases.
12) “Buying new ski equipment is safer than renting.” Rental equipment is maintained. After skiing for ten days and driving to the slopes with your skis on top of your car if you do not have your skis and bindings checked you have a greater risk of an injury.
Robert J. Johnson, MD, Carl F. Ettlinger, MS and Jasper E. Shealy, PhD, are well known in the ski industry for their research into skiing industry injuries. Johnson and Shealy are the editors of the ASTM Skiing Trauma and Safety 17th Volume, which is the standard of ski industry research.
Charging for Search and Rescue rears its Ugly head again.
Posted: January 30, 2010 Filed under: Search and Rescue (SAR) Leave a commentThe three missing climbers on Mt Hood two weeks before Christmas raised the issue of charging for search and rescues. Numerous commentators online and in print added their opinion. See A Mountain of Bills, National Park Search and Rescue: Should the Rescued Help Pay the Bills?, Search and rescue costs tapping out account or Hikers rescued for free in Arizona.
Most commentators though are not putting in anything thought to back up their two cents. If the idea is based on restricting or stopping people from going out into the woods, closing the woods will encourage more idiots to go get lost. (Whatever is off limits is always more fun so let’s hop the fence and see why we can’t go there.) Nor will it keep those of us who really do enjoy the wilderness from going.
If it is a monetary issue, again they have not thought through or studied the issue. There are three issues on the monetary side of the argument. (1) People will not ask for rescues if they think it will cost money, (2) rescuing sooner is cheaper than rescuing later, and (3) 99% of SAR’S are no cost to the public unless you are on federal lands.
I was amazed at the number of 911 calls to Summit County where people did not want to be rescued because of the cost. 911 calls are recorded so there are verifiable real records of people on a phone saying no do not rescue me I can’t afford it.
It is getting to the point that SAR groups are posting on their website that they don’t pay for SAR: Palisades Search and Rescue Dog Association, Inc., Central Massachusetts Search and Rescue Team, Inc. and the Mountain Rescue Association to mention a few.
To assist in that endeavor, there is a new Facebook page No Charge for Rescues. If you are a member of Facebook please go become a fan to support this idea.
Uhhh it was the books fault!
Posted: January 28, 2010 Filed under: Search and Rescue (SAR) 1 CommentYour little brother was not around so obviously it was the books fault.
Here we go with another you have to be kidding me. If you do not have enough brains to figure out a guidebook, you should not be leaving the city, with or without a guidebook. In an article, Guide Contributes to Hikers Becoming Overdue the reporter bought the story told by four lost hikers that blamed their lateness on their guidebook. The guide book said the hike could be done in 16 hours. The group could not navigate the drops and swims and took a lot longer prompting friends to call for SAR.
The books described boulder hopping and deep-water pools. You do not know what that means, but you do know you can do the hike in 16 hours. When that goes wrong instead of admitting you don’t understand the guide book, you just blame the guidebook.
Do we need a test before you can buy guidebooks now?
See Guide Contributes to Hikers Becoming Overdue and YCSO: Hikers found after misleading guidebook gets them lost.
Thank heavens Search and Rescue is free!
Come on! Expert’s will say anything sometimes.
Posted: January 26, 2010 Filed under: Paddlesports Leave a commentIf the lawsuit were over a drowning because the lifeguards did not arrive in time, would you testify the kayaks should have been kept closer to the beach?
A woman whose leg was broken when she was hit by a rescue kayak that had floated away lost her lawsuit this week. The surf was rough and a rescue kayak floated away hitting the grandmother with enough force to break her leg. She sued and her lawsuit was dismissed by the court.
What struck me in the reports on this case was the testimony of the expert witness. (An expert I have met.) The testimony was about good risk management practices. The expert testified that good practices would have kept the kayaks farther up the beach, so they would not float off. The defendants testified the kayaks were kept on the beach, so they would be accessible quickly.
I work as an expert witness. My credibility is the number one thing I have. If you cannot support your opinion with research, experience and a straight face, you should not be testifying.
Sometimes you have to turn down a case because it is a load of crap. I have turned down more cases, then I have accepted, believe me as the holidays roll by I wish that was not true. However, if I do not believe, in my opinion, or if my opinion is full of crap then I cannot testify.
What are the chances that someone could be hit by a kayak that floated away with enough force to break someone’s leg. I am not a good with statics (and lousy with English as you all know), but I am guessing it is rare. If something is that rare, you do not have it in a risk management plan or even worry about it. The classic risk management issues are you look at those things that have a high frequency or a high severity. If something occurs rarely or occurs with no injury, you ignore it. This fits in the ignore category so it is not a good “risk management” evaluation to worry about incidents with low frequency and low severity.
If your risk management plan is so deep that it covers issues this rare, you need to quit and open up another business. You are spending everyday worrying about the minutiae and have never opened your doors. Your plan is not a document, it is a treatise, and only you will ever look at it let alone be able to implement it.
Another argument made by the plaintiff is the city should be liable for her injuries because the city used kayaks instead surfboards or whaleboats for the rescue boats. Whaleboats are heavy, big, take 5-7 people to handle, and would have killed this woman if one had hit her. Kayakers are more stable and faster than surfboards. So slow, expensive and time consuming or unstable are the two options presented by the case.
If this woman had been in the surf drowning would she want to wait for enough crew to assemble to launch a whaleboat and row out to her or wait for an unstable surfboard to eventually get to her and work their way back.
The judge saw through the smoke and mirrors and stated “that moving the kayak further away from the surf or tethering it to the stand was contrary to its primary purpose of giving lifeguards “the instantaneous ability to attempt to save a life.”
If not we would have been in a constant battle between saving someone and not injuring someone who does not need saved.
We need more signs, idiots need not engage in this activity.
See Court: Sea Isle Not Liable for Beachgoer’s Broken Leg
River Ranger, Snake River: US Forest Service, Jackson Ranger District, Jackson, Wyoming
Posted: January 23, 2010 Filed under: Uncategorized Leave a commentSummer Season 2010
Positions: Multiple positions are available!
Start Date: End of May End Date: minimum of mid-August, usually mid-September latest
Work Schedule: This is a 40 hr/week position, with every member of the crew working at least one day of the weekend.
Pay: GS-4 or GS-5 which is dependent on experience and education
Housing: Forest Service housing is available south of Jackson near Hoback Junction
Daily duties include, but are not limited to the following:
Make professional visitor contacts to provide and gain information
Enforce non-commercial and institutional group permit program = education first & citations if we must
Maintain all recreation day use sites in the Snake River and Hoback Canyons – this includes cleaning bathrooms, picking up garbage and pulling recycling
Assist on any projects as needed (fence repair, minimal trail work, boat ramps, weeds, aquatic nuisance species facility maintenance, facility repair)
Patrol canyon corridors via vehicle, including boat ramps, dispersed sites and trailheads. Clean, maintain sites, educate visitors, enforce FS regulations.
Accurately monitor all outfitted use to ensure following permitted activities
Occasionally patrol on-river in USFS rafts and duckies to make visitor contacts, enforce rules, monitor visitor and outfitter use, pick up garbage, do camp inspections. (Typically, on-river patrols occur once a week – this is greatly dependent on crew skills.)
Work closely with the Snake River Fund to implement projects and education programs along the river and in the community (Summit on the Snake, 5th grade float trips, Snake River Days camp)
This position is mainly an on-land river position with infrequent on-river patrols, which are largely dependent on boating skill levels of crew members. The priorities are working with the public on boat ramps, outfitter monitoring, and maintaining day use sites. Being a river ranger on the Snake River in Jackson WY requires a person with great communication and people skills, the ability to be flexible with daily job duties (every day is different on the river), and knowledge in resource/recreation management is preferred. This position challenges rangers to improve their communication skills when working with the public and will give rangers a good foundation to understanding the world of outfitter/guide management, permit systems, and recreation management in general with the Forest Service. River navigating/boating skills are preferred for this position, but are not a requirement.
For more information on the river program go to:
http://www.fs.fed.us/btnf/teton/river/ngcuse.shtml
For more information about the Snake River Fund go to:
http://www.snakeriverfund.org/
To find out how to apply,
Please contact:
Jeanette Langston
Lead River Ranger
Jackson Ranger District
jeanettealangston@fs.fed.us
307-739-5435
Always Identify Everyone on a Trip
Posted: January 21, 2010 Filed under: Release (pre-injury contract not to sue) Leave a commentAlways Identify Everyone on a Trip
Not their names, but their position to you so you know how they are going to sue you.
We do not look at volunteers as potential litigants. They are there to help because they want to. Yet they sue. If they are an employee pay them, if they are a client have them pay, and if they are neither always have them sign a release.
This happens a dozen times a year. You have someone on your trip who is not really an employee, maybe be a volunteer, a chaperone, or a friend of an employee. If they are not being paid, they must sign a release, even if you do not pay them.
In this case, a schoolteacher was a volunteer chaperone on a ski trip. The ski trip was being run by the school district. The plaintiff/volunteer fell and injured her shoulder. She then filed a worker’s compensation claim and won because she was acting in the capacity of a teacher at the time of her injury.
The amount of the award was not reported. However, her medical bills will be paid, and she will receive 60% of her pay while she was off work because of the injury.
For other blog posts on similar topics see: You’ve got to be kidding: Chaperone liable for the death of a girl on a trip
To see this article go to City found liable for ski injury Peabody High teacher fell while supervising a school trip in 2004.
Scary test results from testing old climbing ropes
Posted: January 19, 2010 Filed under: Climbing 1 CommentThanks to Dougald MacDonald for brining this to our attention
Dougald MacDonald runs a great blog The Mountain World. I enjoy Dougald’s writing style and his posts. He recently posted an article from Black Diamond about the breaking strength of old ropes. It is a scary article. See Retire those Ropes.
(A side note here. BD runs a great blog, but it is fancy also. Consequently, many blog readers cannot read it. I do not have time to track down dozens of blogs every morning so BD’s is skipped. Sometimes technology does you in when you are so fancy you cannot be read.)
The result of the testing done by BD was a rope that had repeated falls had a significantly lower breaking strength and not at the knot as you expect. Go to Dougald’s blog The Mountain World to read about these tests.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Whitewater Rafting Bill gaining momentum
Posted: January 15, 2010 Filed under: Rivers and Waterways Leave a commentHuffington Post chimes in on the debate
A proposed bill in the Colorado legislature I first wrote about in Recreational Change to Colorado Water Access Coming in 2010 is gaining press around the country. The Huffington Post wrote a short article Colorado Whitewater Rafting Bill Seeks To Ease Tensions Between Landowners, Rafting Industry, which refers readers to The Colorado Independent article Curry to float bill aimed at ending rafter-landowner rights disputes.
When a national news source refers to the problems with recreating on Colorado’s waterways as mythical, you realize how antiquated the law is and how the landowners of the west are not in harmony with with reality.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Grand Teton National Park (WY) GS-0025 Seasonal Climbing Rangers
Posted: January 15, 2010 Filed under: Uncategorized Leave a commentIf you are a climber, it doesn’t get any better than this!
This is a major stepping stone in a career climbing and guiding in the US.
The Jenny Lake rangers in Grand Teton National Park are accepting applications to fill several summer seasonal climbing ranger positions. Interested individuals need to have a well-rounded background in different climbing disciplines and have a great interest in land management and resource protection, as well as emergency services. All applicants must be US citizens, climb at the minimum level of Grade IV, 5.7, A2, obtain or possess a First Responder certification or higher by the entry on duty date, and be available for work between May and September.
To learn more about these positions and apply, please click on the link below. The positions are being announced as:
- Park Ranger (LE/Climbing), announcement SROC-GRTE-10-306927
- Park Ranger (Climbing), announcement SROC-GRTE-10-307461
Click on the link below, then enter the announcement number in the search field.
All application materials must be submitted by midnight EST on the closing date, January 18th.
[Submitted by Ed Visnovske, Jenny Lake Area Ranger] More Information…
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Colorado bill to make sure Search and Rescues are Free
Posted: January 14, 2010 Filed under: Search and Rescue (SAR) Leave a commentA new bill was recently introduced in the Colorado House of Representatives. This bill would prohibit charging for search and rescue in the state of Colorado.
This bill will need your support.
To stay current on the bill contact your local SAR unit or go to the Facebook Page No Charge for Rescue. The red capitalized text below is the changes to the Colorado statute that will be made.
Support House bill 10-1095.
32-1-1002. Fire protection districts – additional powers and duties
(1) In addition to the powers specified in section 32-1-1001, the board of any fire protection district has the following powers for and on behalf of such district:
…..
Skiing/Boarding Helmets and what is the correct message
Posted: January 14, 2010 Filed under: Skiing / Snow Boarding 1 CommentJournalist now days can write, but they have forgotten had to understand what they are writing. Bloggers, like myself, can get away with murder. Helmets are a big topic on the web, and I have written about them before. More information over the debate about ski helmets: Ski Helmets ineffective crashes were the wear is going faster than 12 miles per hour, Mixed emotions, but a lot of, I told you so are some of the articles I’ve written for this blog, and I have even indorsed a helmet A new idea that makes sense in helmets: the Bern Hard Hat
However, I have seen so much garbage lately it is starting to be a pain.
So let’s put some facts down.
Helmets may prevent head injuries. There are not many arguments here. The number one reason I can see to wear a helmet is that idiots put the comfort/safety/footrest bar down without letting other people on the lift know. The bar comes down and whacks you in the head.
Helmets will save your life. This is crap. There is no research to support this statement. See Shealy, Jasper E., Johnson, Robert J., and Ettlinger, Carl F., Do Helmets Reduce Fatalities or Merely Alter the Patterns of Death?, Skiing Trauma and Safety 17th International Symposium, Journal of ASTM International Vol. 5 No. 10, “Skiing Helmets” and Evaluation of the Potential to Reduce Head Injury,” US Consumer Product Safety Commission, Washington, DC, 20207, Jan 1999. The main point of this research is even though helmet used has increased dramatically; fatalities have stayed the same or increased.
If Natasha Richardson had been wearing, a helmet, she would still be alive. The jury is out on this, but one who understands the issues (physicians) has said yes a helmet would have saved her life. See Could a Helmet Have Saved Natasha Richardson? Doc Wild Weighs In and Would a Helmet Have Saved Richardson? Maybe Not
A helmet will increase your chances of an injury. Some research supports this argument. The basis is risk homeostasis, which says that when humans feel safe they take greater Wearing a helmet makes you feel safe. Therefore, you may ski faster. See the research above.
People die of head injuries skiing. No if you hit a tree hard enough or fast enough to cause a head injury that will kill you, you are going to die of something. During the 2008-09 skis, season three fatalities were reported to people wearing helmets and they all died of blunt force trauma. Two people reportedly died of head injuries, one reporting head and other injuries and the other was not substantiated as coming from a source. All reports of fatalities from corner’s or physicians reported the cause of death as blunt force trauma or asphyxiation.
Wearing a helmet increases your risk to injury because you cannot here. With more skiers on the slopes, there is a greater chance of injury from not hearing an approaching rider. I have no idea and I cannot find any research about this subject. If this is true and it may be, then earphones and helmets may both lead to injuries.
I am telling you to not wear a helmet. NO! I am telling you to understand why you are choosing to wear a helmet. I am telling you that there is some evidence that says you may increase your chance of an injury and some research that shows that it may decrease your chance of an injury. There is no evidence that a helmet will keep you from dying. If you choose to wear a helmet, do so with an understanding of the risk of wearing and of not wearing a helmet.
UIAA publishes new paper on Hypoxia (lack of oxygen)
Posted: January 12, 2010 Filed under: Medical Leave a commentThe Union Internationale des Associations d’Alpinisme (UIAA) has issued a new paper on the effects of Hypoxia. Hypoxia is a lack of oxygen that occurs when climbing at high altitudes where the UIAA has been coordinating research for years. However, the effects can occur in other areas or work events. The paper is a first attempt to locate and coordinate all research into the area.
The press release on the report can be found at Advice paper issued on hypoxia and the report can be downloaded at Work in Hypoxic Conditions.
20 Year Veteran of Ski Patrol Dies performing avalanche control work
Posted: January 11, 2010 Filed under: Ski Area Leave a commentJackson Hole and the Resort in mourning
A 20-year veteran of the Jackson Hole ski patrolled died Saturday. He was injured performing avalanche work January 6, 2010. A break in the pack occurred above him sweeping him and another patroller. The other patroller could grab a tree and arrest his slide.
See the following articles for more information on this tragedy.
Patroller buried in avalanche
Big Wally revived after avalanche
in memoriam: Big Wally
Another Inbounds Tragedy at Jackson Hole Mountain Resort (Updated 1/8/2010 7:31 PM)
For a well written and thoughtful article about the risks of ski patrolling at Jackson Hole see Ski Patroller Death Highlights the Real Price of Powder Turns.
Dozens of great Avalanche training videos on the web
Posted: January 11, 2010 Filed under: Avalanche 1 CommentWatching videos at home is not enough to think you can wander into the backcountry. This is especially true if you are from a state with no mountains or snow and talk funny!
The first step in proper avalanche awareness is always do not go outside if conditions are bad! If you are an idiot, have no idea what you are doing, have just read books or watched YouTube videos you have no clue what you are getting into. Instead of getting into a mess take an avalanche course from a respectable instructor and donate to your local search and rescue group.
Step two is become a member of your local avalanche forecasting organizations so you can access their database of information and receive their updates. If you don’t know your center or are going to explore a new area start at http://www.avalanche.org/
If you have taken a course or want to prepare for one the internet has produced many great videos. Most of the videos are produced byproduct manufactures, and consequently, you are getting some advertising in the video, but it the videos are well done you won’t care.
The group leading off with great videos is Backcountry Access (BAC). BAC is known as the distributor of the Tracker avalanche beacon. BAC videos include:
www.skinets.com has a few videos online.
Mountain Equipment Co-op has a video on testing snowpack.
Avalanche Safety | How to Techniques for a Compression Test
There are several great videos to keep you fresh and bring new techniques to a knowledge and skill set, I hope you never use.
For other posts about avalanches see:
Ortovox CheckandRide
Good article on Avoiding Avalanches…….don’t go where there are Avalanches
Great Articles in the latest WMS Journal
Avalanche Beacons and other electronic items
Italy make avalanche safety gear mandatory
Another Man Made Snow Avalanche
Avalanche: Man-Made Snow to the Ground
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
LA Physician who stopped in front of cyclists sentenced to Five years
Posted: January 9, 2010 Filed under: Criminal Liability, Cycling Leave a commentUpdate of Criminal Trial Starts this week for MD who pulls in front of cyclists and slams on his brakes.
Christopher Thomas Thompson was sentenced to five years in jail for his conviction of five felonies and on misdemeanor. Thompson, 60, pulled in front of cyclists twice and slammed his brakes. The second time he severely injured two cyclists.
See L.A. road rage doctor gets five years
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Recreational Change to Colorado Water Access Coming in 2010
Posted: January 8, 2010 Filed under: Rivers and Waterways 2 CommentsCan a boater finally float down a Colorado river without having to worry about being arrested – Maybe!
A bill proposed for the 2010 Colorado Legislature that would allow boaters to float all Colorado Rivers. Currently, if you float the river if you do not touch the bottom or the bank. Although even this is in dispute by several landowners who say if they own both sides of the river, they can stop anyone from traveling on the river.
You probably will not be able to put in and take out on the land, only float through the land if the bill passes.
As many Colorado boaters know, this has led to dozens of fights over the years, including several landowners ordering boaters off rivers at gunpoint. (What prompts someone to believe that floating across their river is such a threat, they need a gun?)
The original issue started in 1979 with a Colorado Supreme Court Decision, The People of the State of Colorado v. Emmert, 198 Colo. 137; 597 P.2d 1025; 1979 Colo. LEXIS 814; 6 A.L.R.4th 1016, that stated you could float across the water in the state of Colorado as long as you did not touch the river bottom or the sides. The water owners own the water in Colorado. (Yes, for all of you in the east, people own the water in the rivers of the west not the state.) However, the landowner who could say someone who touched his land was trespassing owns the bank and river bottom. In most states, someone floating river could access the bank to the high water mark or something similar to that.
This has promoted all sorts of wars. Landowners, mainly fishing clubs and texas landowners would then dam or fence their rivers so that boaters could not float through without touching the land and have boaters arrested for trespassing. (Although in several cases, damming the river without EPA approval is a crime.) Eventually many district attorneys quit making those arrests because they were a nuisance. Front Range attorneys would line up to fight the $50 criminal charges inundating the small rural DA offices. (I have been in that line several times, arguing various defenses to the charges.)
Now that fight is coming to a head, hopefully, with the bill proposed by representative Kathleen Curry of Gunnison and backed by the Colorado River Outfitters Association (CROA). According to CROA rafting is a $142 million dollar business in Colorado employing hundreds (probably thousands) of people.
This is going to be an interesting fight. And it will be a fight. The landowners have been involved in litigation for years over these issues and will not go quietly. If you are a boater in Colorado, you need to be involved. You should do the following:
- Make sure the bill covers all boaters, not just rafters.
- Determine who your representative and senator are and tell them you support Representative Curry’s bill and want them to co-sponsor the bill. (Do not go online to determine this. The Colorado Legislature website does not tell you.) Go here to find your districts.
- Contact CROA and tell them you support their efforts and want to be contacted about the bill.
- Be prepared to phone your legislators when needed to get the bill out of a committee or before a vote.
If you are from out of state and boat in Colorado or just want to be involved.
- Contact CROA and let them know you want to help.
- Contact the President of the Senate Brandon C. Shaffer, 303-866-5291, brandon@brandonshaffer.com let him know you support the bill; and,
- Contact the Speaker of the House Terrance D Carroll, 303-866-2346, terrance.carroll.house@state.co.us
- When the bill has been proposed, contact the sponsors of the bill and thank them for sponsoring the bill and for their support.
This can pass the legislature, but it will require a lot of work and effort. Basically, it is going to be money (landowners) versus voices (boaters). Voices can win if they are heard.
To see an article about the bill see: River River River rights to come before Colo. lawmakers
Senate Bill would require a CDL to drive 9 to 15 Passenger Vans
Posted: January 8, 2010 Filed under: Uncategorized Leave a comment
Senate Commerce and Transportation Committee Approves Bill to Require <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL'<a title='Click here to replace with:
S, Ms, as, is, ms, ns, sc’>s for 9 to 15 Passenger Vans Operating Interstate – Your Urgent Action Required!
Yesterday, without a hearing on the bill, S. 554, the <a title='Click here to replace with:
Motor coach, Motorola, Motorcar, Motorcade, Motor, Motorboat, Motorcades’>Motorcoach Enhanced Safety Act of 2009, was approved (marked-up) by the full Commerce, Science and Transportation Committee. This bill will require a commercial driver'<a title='Click here to replace with:
S, Ms, as, is, ms, ns, sc’>s license (<a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL) endorsement for outfitters and other businesses using 9 to 15 passenger vans when they operate across state lines. The bill does not appear to require event monitors which are only required for <a title='Click here to replace with:
motor coaches, motorcades, motorcade, motorcycles, outreaches, Motorola, monocracies’>motorcoaches. However, the enhanced <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL requirement could make it difficult for outfitters with large fleets of 9 to 15 passenger vans to find a sufficient number of seasonal employees with <a title='Click here to replace with:
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Sec. 10. (<a title='Click here to replace with:
B, Kb, Mb, bb, be, bf, bi’>b) of S. 554 states: “(<a title='Click here to replace with:
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S, Ms, as, is, ms, ns, sc’>s License Passenger-Carrying Endorsement- The Secretary shall establish by regulation a requirement that a driver shall have a commercial driver'<a title='Click here to replace with:
S, Ms, as, is, ms, ns, sc’>s license passenger-carrying endorsement in order to operate a commercial motor vehicle and transport not less than 9 and not more than 15 passengers (including a driver) in interstate commerce for compensation.”
States will have the option to adopt the federal standards, which also includes an inspection program for vans.
<a title='Click here to replace with:
AA, AGORA, ALOHA, AROMA, AAA, FAA, GAO’>AOA opposes the <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL requirement for outfitters and guides where transportation is incidental to the purpose of the business.
Call your Senators and Representatives today. Click here for their contact information. Type in your zip code to retrieve their phone and fax numbers. Fax letters to members of Congress (The House bill number is H.R. 1396.). Call their offices and tell them that the <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL requirements for drivers of 9 to 15 passenger vans are unnecessary and is a burdensome regulation for outfitters and guides. Some companies in rural areas will be forced out of business. Our industry has a good driving record and is not the target of this legislation.
See the model letter below.
The Honorable (insert name)
United States Senate
Washington, DC 20510
Dear Senator ________________
I am writing to express concerns about provisions in S. 554 which require enhanced Commercial Driver'<a title='Click here to replace with:
S, Ms, as, is, ms, ns, sc’>s Licenses (<a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL) for drivers of 9 to 15 passenger vans operated by small businesses that cross state lines. The proposed legislation requires a <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL and vehicle inspections even if transportation is incidental to the purpose of the business. This new regulatory requirement will make it very difficult for small, seasonal businesses like mine to find drivers with <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL'<a title='Click here to replace with:
S, Ms, as, is, ms, ns, sc’>s. The legislation also requires increased training and testing requirements for <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL drivers. Ironically, a business providing similar services in competition with mine whose vans do not cross state lines will not be required to obtain <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL'<a title='Click here to replace with:
S, Ms, as, is, ms, ns, sc’>s for van drivers.
We believe many small businesses such as ours are being caught in a regulatory net cast for other transportation providers, where transportation is the primary purpose of the business. The <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL requirement, with its more stringent testing requirements, may force some outfitters and guides providing seasonal recreation services out of business.
Therefore, I am urging you to support provisions that exempt outfitting and guiding businesses from the <a title='Click here to replace with:
CD, DL, BCD, JCL, LCD, OCD, CAD’>CDL and inspection requirements where transportation is not the primary purpose of the business. For example, our primary service is providing outfitting and recreation services. We transport our customers to an area where the services are provided and cross state lines to do so.
Below, please support inclusion of the following modifications to the legislation.
MODIFICATION OF REQUIREMENTS FOR COMMERCIAL DRIVER’S LICENSE PASSENGER-CARRYING ENDORSEMENT.
At the end of the paragraph insert: In establishing such regulations, the Secretary shall not require a driver to have such an endorsement where the transportation of passengers by motor vehicle for compensation is not the principal line of business of the motor carrier providing the transportation service.
COMMERCIAL MOTOR VEHICLE SAFETY INSPECTION PROGRAMS (a) (1) at the end of the paragraph insert (a)(1) Annual Inspection Program please add: In establishing such regulations, the Secretary shall not require a motor carrier to have such an inspection where the transportation of passengers by motor vehicle for compensation is not the principal line of business of the motor carrier.
Most states have inspection programs now for vehicles.
The outfitting industry has a good driving record. Many outfitters offer services on rivers or at resources that make up state borders. Therefore, they cross state lines but only provide transportation as a service that is incidental to their operation.
Thank you for your support for small business. I look forward to hearing from you about this matter.
Sincerely,
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
$1.2 M award in horseback riding fatality in Wyoming
Posted: January 7, 2010 Filed under: Equine Activities (Horses, Donkeys, Mules) & Animals 2 CommentsA Wyoming jury has awarded $1.2 million dollars for the death of a woman in a horseback riding accident. Attorney for the family says this will prompt a review of safety standards in the equine industry.
I can see it coming next summer in Wyoming and many other states.
It is sad when a 21-year-old woman died, I do not want to make fun of her death. I am making fun of a jury and a system that says a woman taking horseback riding lessons can sue.
It appears from the article that no release was used and the defense was based solely on the Wyoming Recreation Statute. As I have said before that is a Swiss cheese statute, it has as many holes as it has defenses. Most statutes that purport to protect outdoor recreation providers do more damage than good. Equine statutes are the most infamous. Since equine liability statutes have been enacted, they have been 100% effective. No horse has been sued since the statutes have been passed. However, they have done nothing to stop lawsuits by people injured by horses or riding. It is stupid to rely on any statute to protect you in a lawsuit, always use a release written by an attorney.
It is also funny that the plaintiff’s lawyer is attempting to justify the large award as forcing the equine industry into being safer. It will not happen, if anything it will have the opposite effect. When insurance premiums go up because of this verdict, there will be less time and money to spend on safety.
However, we are talking about horses for heaven’s sake. I grew up with horses; they are beautiful; they are also dumb, unpredictable, flight, skittish, scared and scary! Horses are big and go fast. If you fall off a ladder five foot in the air, you expect to be hurt. If that ladder is traveling at 20 miles per hour, you should expect to be hurt worse.
See Lawyer: $1.2M verdict may boost horse safety
Charlie Meyers, the great outdoors writer, dies at 72
Posted: January 6, 2010 Filed under: Uncategorized Leave a comment
Charlie Meyers, the great outdoors writer, dies at 72
Charlie was outdoor journalism for those of us in Colorado.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Wow, a lot of money for what appears to be an inherent risk of the ocean
Posted: January 5, 2010 Filed under: Uncategorized 1 CommentSeveral personal injury attorney blogs are reporting a $5.75 million settlement over two drowning deaths. The first decedent received $5 million for the death the decedent drowned in a riptide while trying to rescue the second decedent who received $750,000.
Supposedly, the Florida Supreme Court ruled earlier that cities have a duty to warn beach goers of dangerous conditions.
So expect big signs on Florida’s beaches that say. You can Drown in the Ocean.
See Drowning Victims Win $5.75 Million Lawsuit
7 days left to bid on artwork to Support John Bachar’s son
Posted: January 5, 2010 Filed under: Uncategorized 2 CommentsIf you wish to bid on some stunning artwork to benefit John Bachar’s son Tyrus go bid on these paintings.
http://www.supertopo.com/climbing/thread.php?topic_id=1046176
Two original watercolor works depicting legendary climber John Bachar on two of his most famous climbs will be auctioned off as a benefit for the Tyrus Bachar Living Trust.
Everyone who knew John knew of his devotion to his son Tyrus, this small gesture is our way of helping John carry on in his care for Tyrus.
The works, commissioned by Jeff Vargen and created by San Francisco based artist Adam Holzrichter, are based on iconic images by photographer Phil Bard of John climbing “OZ” and “MIDNIGHT LIGHTNING. ” The new works were created with the permission of Mr. Bard.
Please let’s rally our community and help one of our own.
THERE WILL BE NO PRINTS OF THESE PAINTINGS AVAILABLE. THESE 11 X 14 PAINTINGS ARE ONE OF A KIND ORIGINALS.
The digital images are representative but the real paintings are truly incredible. Look closely, the more you look the better they get
The paintings are located on eBay and can be found here!
This is starting to become stupid
Posted: January 2, 2010 Filed under: Uncategorized Leave a comment
The Personal Locator Beacon that was going off on Berthoud pass is now in Gunnison County
Here is the update I received! About the Personal Locator Beacon I mentioned in Alpine Rescue Team needs your help – PLB false alerts in Berthoud Pass (Colorado) area
The PLB is now in Gunnison County – 38° 56.8 min N x 107° 00.7 min W . . . 3.92 miles on a heading of 316 deg fm Crested Butte summit . . . as of 5:30 PM New Years Eve. Info from CSRB and AFRCC.
What an idiot!
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Alpine Rescue Team needs your help – PLB false alerts in Berthoud Pass (Colorado) area
Posted: January 1, 2010 Filed under: Search and Rescue (SAR) Leave a commentThese guys and gals are volunteers who get up in the middle of the night to save your butts for free. If you don’t know how to use your PLB, throw it away.
Over the past two weeks, the Alpine Rescue Team has been notified of three PLB activations in the Berthoud Pass (Colorado) area between Winter Park and the Jones Pass area. These PLB false alarms have occurred on three different dates, December 14, 23, and 24, and all involve the same PLB.
If anyone has recently started to use – or knows someone who has – a ACR PLB-300 Microfix (RescueFix) and visits the Berthoud Pass area, please contact the Alpine Rescue Team. You can send me a private message or call me directly. Right now there are no violations, penalties, laws broken, etc., however, we would like to talk with you so you can understand how your PLB works and does not work. If you don’t want to talk, at least keep your PLB turned off until you are in an actual life-threatening emergency.
Each detection of the PLB’s signal starts a cascade of rescuers beginning with the US Air Force, the Colorado State Search and Rescue Coordinator, the local sheriff, and finally the local mountain rescue team, which in these cases has been Alpine Rescue Team. Each false alarm requires significant effort and time by many people. On Christmas Eve, rescuers from three different mountain rescue teams spent the afternoon trying to directional find the intermittent signal.
You might be wondering why a PLB is so hard to pinpoint, especially if you have read any advertising or promotional materials about these devices. This unit is not registered so no simple phone call to the owner can be made to verify the alert. Also, this unit is being turned on and off and moved between activations, so the search area cannot be well defined giving a search area up to 10+ miles in radius. When used properly these new digital PLBs can usually be identified and located in minutes.
Again, if you have been in the Berthoud Pass area on these three dates and have an ACR PLB or know someone who has, please contact us via private message, or call Dale Atkins directly at 303.579.7292. There are no legal issues or laws broken; we very much would like to talk with you. As always the services of Alpine Rescue Team are free.
Copyright 2010 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Recreation Law 