More information over the debate about ski helmets: Ski Helmets ineffective crashes were the wear is going faster than 12 miles per hour
Posted: September 17, 2009 Filed under: Skiing / Snow Boarding 2 Comments
More information over the debate about ski helmets: Ski Helmets ineffective crashes were the wear is going faster than 12 miles per hour
A study just released by Karl-Heinz Kristen, vice president of the Deutsch-Österreichisch-Schweizerischen Gesellschaft für Orthopädisch-Traumatologische Sportmedizin (GOTS or German-Austrian-Swiss Association for Orthopedic-Traumatic Sport Medicine) just released a study showing that ski helmets are only effective in crashes of less than 12 miles per hour.
For this article see Ski helmets ineffective over 20km/h claims sport medic. For additional posts on ski helmets see Mixed emotions, but a lot of I told you so, A new idea that makes sense in helmets: the Bern Hard Hat and A helmet manufacture understands the issues. For Outdoor Recreation Law Review articles on the subject see In the News: Article finds helmets might not be as effective as once thought, an avalanche at a ski resort in Indiana, 3 American climbers killed by rock slide, climber left hanging, snowmobile fatality, and much more…
May people believe that I am against wearing helmets? That is not true, I have several and wear them a lot of the time. I want people to understand why and what a helmet will and most importantly what a helmet will not do. A helmet will do nothing in whitewater rafting. A helmet will not save your life in skiing. I wear my ski helmet on crazy days or cold days. Sometimes I wear a helmet skiing when I just want to ski fast. But that is more of a brain bucket for the ski patrol then believing it will keep me alive.
This is another study that shows that helmets are NOT going to keep you alive.
Death from fall from inflatable climbing wall results in Criminal Charges
Posted: September 15, 2009 Filed under: Climbing Wall, Criminal Liability Leave a commentI’m not sure what prompts prosecutors to charge people for what appear to be accident deaths of patrons. In this case a 24 year old woman was attending a festival, climbed on an inflatable climbing wall and fell off. She hit her head when she fell on the platform.
The company was charged with reckless and wanton negligence. The charges came after 2 years and a change in district attorneys. The family is suing the climbing wall operator with a trial started September 2, 2009.
I have lots of issues with all of this.
Reckless and wanton negligence is generally not a criminal act. Negligence is a breach of a duty to someone. A crime requires scienter, a criminal intent to do the crime to act in a criminal way. Negligence is not criminal by its definition. Granted there are crimes that do not require proof of a criminal intent, parking tickets being the best example.
Second, the issues reported, have their own criminal penalties if they occurred. The prosecutor states the company “failed to follow safety regulations. … had not been inspected as required, was poorly placed and lacked proper permits and that the operator was not properly trained or certified.” A violation of safety regulations either federal, OSHA, or state has specific penalties and in most cases administrative law procedures. You are cited and pay a fine. Failing to be inspected and not having the proper permits is similar, you are fined.
But I doubt there are safety regulations that would affect this situation. OSHA only covers employees and the state or county would have to enact regulations to cover inflatable climbing walls and I’ve not see any. Consequently this statement seems…incorrect?
However here again the prosecutor takes off in a different direction with proper placement and lack of training or certification. Proper placement from a criminal perspective occurs when you are dealing with a dangerous instrumentality. Dynamite, wild animals or guns are the examples given in legal textbooks. You are dealing with something that everyone knows will kill and has been identified as such by the community and therefore you have a requirement to handle with care or you can face criminal liability. A toy is not a dangerous instrumentality. It is not designed or known to kill if used incorrectly every time it is used.
Manslaughter is generally “homicide without malice aforethought.” Less than murder because the willful element is not present. Manslaughter lacks the intent to kill while manslaughter is an act that will result in death no matter what. A better way to look at the difference is murder you intend to kill someone, manslaughter you act in a way that someone was bound to die. Those are not the strict legal definitions but a general way of looking at the differences.
Here again the difference between a toy that someone dies using and a gun or dynamite is an easy way to see the difference. Using the Infinite Monkey’s theory (given an infinite amount of time an infinite amount of monkeys with an infinite amount of keyboards can type the works of Shakespeare), anything can kill. A gun on the other hand can kill every time.
However that is why we have this entire separate legal system in the US. As I’ve commented on several times in the past, we have a civil system that controls society as well as a criminal system. If you act improperly the civil system is put into place; you are sued. If you act improperly with criminal intent, the criminal system is used. In other countries the government controls more of society. It does not require the high level of intent before the government steps in and civil suits are rare and difficult.
“…properly trained or certified” is another statement solely used to inflame the possible jury pool. The training would be determined by the manufacture of the inflatable wall and the certification does not exist. If you need to be certified, stand on one foot, pat your head and jump around in a circle three times saying Jim Moss is the greatest and you are certified. If you send me $20.00 I’ll send you proof of the certification. For $25 I’ll let you tell me what you have been certified to do and for $30 I’ll let you recertify people in the program.
Don’t get me wrong, I’m not saying the actions of the company are blameless. Nor am I trying in any way to discount the pain and grief this family feels. However the blurring of the lines between civil and criminal is an issue that is growing in the US.
This brings up a lot of unanswered questions. What is the relationship between the prosecutor and the family’s attorney? Criminal charges three weeks before a civil trial starts, is extremely suspect. Why when one prosecutor did not charge has the second prosecutor decided to charge the family? Finally is the prosecutor running for re-election of suffering a public relations issue? I can’t believe there is anything but a PR campaign here.
The article is: Danvers firm faces criminal charge
Grand Canyon River Guides (GCRG) New Site is up. And it is nice!
Posted: September 15, 2009 Filed under: Uncategorized Leave a comment
Press Release
At long last, the new GCRG website is alive and kicking!!! Check it out at www.gcrg.org. You can pay your dues; buy some shirts, sign up for the Fall Rendezvous or the GTS (Guide Training Seminar) in one fell swoop! From the guide resources, to the advocacy section, to all the great links, and guide owned businesses, we hope the website is reflective of GCRG and the unique spirit of the river community.
We hope you like it. It’s been a long haul but hopefully worth all the effort. If you have any questions or comments, let us know. We did this for YOU so we want it to be as useful for the river community as it can possibly be.
Please remember to support GCRG by keeping your dues current. We did this on our own dime and your support in the form of dues or contributions will really help us tremendously.
Lynn Hamilton
Executive Director, GCRG
On a Personal Note if you are not a member of the GCRG and love rivers you should be. The Quarterly Boatman Quarterly Review is in and of itself a work of art. I read it cover to cover the first day it arrives, sometimes before leaving the post office parking lot. It is the only magazine I keep and do not loan out.
If you are interested in joining, supporting the Grand Canyon and the Guides who make their living there join the GCRG Association at http://www.gcrg.org/membership.php
Volunteer Program Coordinator Job Announcement with Grand Canyon Trust
Posted: September 12, 2009 Filed under: Uncategorized Leave a comment
Volunteer Program Coordinator Job Announcement
SUMMARY OF RESPONSIBILITIES:
The Volunteer Program Coordinator (VPC) will work as part of a dynamic team to design and implement volunteer projects for the Grand Canyon Trust (GCT). Responsibilities for this position include the development of science-based volunteer projects across the Colorado Plateau with a variety of partners, volunteer coordination, and field leadership. It also includes recruitment, fundraising, and public outreach. The position requires creative thinking, problem solving, and communication skills in a team environment as well as the ability to work independently.
DUTIES AND RESPONSIBILITIES
Coordinate
Volunteer Projects
The VPC will identify volunteer opportunities in a variety of program areas that satisfy the greater communities’ desire to become more connected with the natural world, while actively moving the GCT towards its mission to protect and restore the Colorado Plateau. The Volunteer Program focuses primarily on the Kane and Two Mile ranches area north of the Grand Canyon, but also has growing representation in Grand Canyon National Park, the forests of southern Utah, and Native American communities. The VPC is responsible for recruiting, coordinating, and training volunteers as well as coordinating trip logistics; leading trips in the field; managing field equipment and data gathered by volunteers; and assisting other program staff in the use of this data. S/he will represent the Volunteer Program and the work of the GCT with the public and our partners on projects.
Assist in Project Design, Management and Implementation
Assist in Public Affairs/Communications
- Communication ability: Excellent writing and oral communication skills.
- Project management: Excellent organizational and project management skills.
- Research and analytical ability: Ability to review and understand science and conservation research and convey its importance to the public.
- Interpersonal skills: Ability to work constructively with all GCT staff, especially Program Directors, as well as with a wide variety of colleagues, members, volunteers, the general public, board members, and public officials.
- Time management skills: Ability to keep a number of activities moving forward simultaneously is necessary.
- Knowledge of strategic issues related to conservation and restoration and experience with scientific data collection and field work.
- Energy, sense of humor, enthusiasm and willingness to do the work necessary, including on weekends and evenings, to get the job done. This position requires schedule flexibility during the field season (late spring through late fall).
- M.A/M.S. degree in an environmental field and 2 years experience or equivalent working in conservation or related field preferred.
- Wilderness First Responder (WFR) certification or a more advanced medical training preferred.
- Experience living, working, and leading groups in primitive outdoor settings is a must. Applicant must be in good physical condition and have the ability to backpack and participate in physical labor for 8 to 10 hours a day.
$35,000-40,000 depending on experience
www.grandcanyontrust.org Click on Volunteer
928-774-7488
Send résumé and cover letter by September 25 to Adrianne Sanchez: asanchez@grandcanyontrust.org or mail to: Adrianne Sanchez, Grand Canyon Trust, 2601 N. Ft. Valley Road, Flagstaff, AZ 86001
THE GRAND CANYON TRUST IS AN EQUAL OPPORTUNITY EMPLOYER
2010 Scholarly Conference on College Sport April 21-23, 2010: Call for Papers
Posted: September 3, 2009 Filed under: Uncategorized Leave a comment
2010 Scholarly Conference on College Sport April 21-23, 2010 William and Ida Friday Continuing Education Center The University of North Carolina at Chapel Hill Chapel Hill, NC
CALL FOR PAPERS
The College Sport Research Institute welcomes the submission of abstracts for its 3rd annual Scholarly Conference on College Sport to be held on the campus of The University of North Carolina at Chapel Hill, Chapel Hill, NC. The conference’s mission is to: “Provide students, scholars, and college-sport practitioners with a public forum to discuss relevant and timely intercollegiate-athletics issues.”
SUBMISSION GUIDELINES:
To be considered for acceptance, abstracts must reflect college-sport research on the history of intercollegiate athletics, social-cultural college-sport issues, legal theory or the application of law to college-sport issues, business-related issues in college sport, or special topics related to current college-sport issues. The research should have reached a fairly complete stage of development, and the abstract should provide enough detail about the research, so the reviewers have sufficient information to judge its quality. Abstracts proposing teaching-related sessions on college-sport issues will also be considered, as long as the abstract provides sufficient detail to judge the quality of the proposed session.
Abstracts will undergo a multi-person, blind-review process to determine acceptance.
Abstracts submitted to CSRI should not be concurrently submitted for consideration to another conference.
SUBMISSION DEADLINE:
Abstracts should NOT be submitted prior to Monday, October 12, 2009 and MUST be received no later than Friday, January 15, 2010 (11:59p.m. EST).
Submissions received after this date and time will not be considered for acceptance.
ABSTRACT FORMAT AND SUBMISSION PROCEDURES:
All abstracts MUST be submitted electronically as a Microsoft Word attachment and must contain the following information and conform to the following format requirements:
- Single-spaced
- One-inch margins,
- Times New Roman 12-point font, and
- 400-word maximum for 30-minute presentations and posters, and 800-word maximum for 65-minute presentations.
ABSTRACT FORMAT:
Line 1: Type of session desired (choose from the options below):
- 30-minute oral presentation (including questions) * 65-minute teaching symposium, roundtable, or workshop * 65-minute forum (2-3 papers with a discussant, including questions) * Poster presentation
Line 2: three to four keywords that will help the program coordinator schedule similar topics in succession
Line 3: author(s) and institution(s) names (centered on page)
Line 4: presentation title (centered on page)
Line 5: blank
Line 6 to end: text of abstract (including demonstration of research conducted)
In the email message accompanying the attached abstract, include the principal author’s name, postal mailing address, email address, and fax and telephone numbers.
Submission of abstract(s) indicates the intent of the presenter(s) to register for the conference at the appropriate registration fee.
Email all abstracts to:
(Graduate Research Coordinator – College Sport Research Institute) at csri@unc.edu
NOTE: All abstracts MUST be submitted electronically as a Microsoft Word attachment
For more information regarding the conference:
or
919.843-6774 / 919.962-3507
Dr. Richard M. Southall
Assistant Professor – Sport Administration Coordinator – Graduate Sport-Administration Program Director – College Sport Research Institute
The University of North Carolina at Chapel Hill CB 3182 Smith Building 05 Chapel Hill, NC 27599
919.962-3507 (office)
901.240-7197 (cell)
919.962.6325 (fax)
Email: southall@email.unc.edu
*UNC Sport Administration Program
http://www.unc.edu/depts/exercise/sport_administration/index.htm
*College Sport Research Institute
*2010 Scholarly Conference on College Sport April 21-23, 2010
*Journal of Issues in Intercollegiate Athletics
This is going to happen in every fatality, be prepared
Posted: September 1, 2009 Filed under: Skiing / Snow Boarding Leave a comment
Liam Neeson calls instructor who was with wife Natasha Richardson during fatal fall
Several news sources are reporting that the surviving spouse of Natasha Richardson Liam Neeson called and talked to the ski instructor who was with his wife when she fell.
“He was very dignified and never sought to blame anyone — he just wanted to understand what happened for his own peace of mind.”
People want closure. People want to know what happened. People want to know why their loved one is no longer with them. The people who were with them, who rescued them, who assisted are going to be contacted so people can learn what happened.
Blame comes later, usually after you follow your attorney or insurance company’s advice and refuse to talk to the family. What would you do if you wanted to know what happened to a deceased loved one and the people who knew refused to talk to you? Would you get mad, would you work harder at finding out, would you get help to learn what happened?
Help in these cases usually comes in the form of an attorney.
For more articles about this see It’s Not Money, Another case where anger starts and continues a lawsuit., I write sometimes about emotions: anger, frustration or grief, Grieving Father starts organization to make skiing safer and Serious Disconnect: Why people sue. For articles about this issue in the Outdoor Recreation Law Review see Non-participating spouses signatures on releases are essential and Case Brief: Case against summer camp offers great insight into Massachusetts release law.
Rocky Mountain National Park (CO) GS-0025-9 Climbing Rangers
Posted: August 28, 2009 Filed under: Uncategorized Leave a comment
Rocky Mountain National Park is currently recruiting for permanent non-commissioned GS-9 STF climbing ranger positions within its East District. These positions have the following screenout requirements – able to lead traditional alpine rock routes at the Grade IV 5.10 A2 level, able to lead Water Ice III, and possess a current NREMT-Basic. Candidates with strong winter skills, and leadership experience in technical SAR in the alpine environment are being sought. These positions are being recruited on USA Jobs under both merit promotion and all sources announcements (vacancy #ROMO275359MR, and #ROMO280339MR). For more information, please contact supervisory ranger Mark Pita (mark_pita@nps.gov, 970-586-1449).
[Submitted by Mark Pita, St. Vrain Subdistrict Ranger]
Call for Papers: Journal of Outdoor Recreation, Education, and Leadership
Posted: August 27, 2009 Filed under: Uncategorized Leave a comment
Journal of Outdoor Recreation, Education, and Leadership
Volume 1(2)
DUE DATE: OCTOBER 15, 2009
The Journal of Outdoor Recreation, Education, and Leadership (JOREL) is currently soliciting general interest articles for inclusion in Volume 1(2) that focus on the areas of outdoor recreation, education, and leadership. The JOREL welcomes manuscripts that contribute to improving outdoor recreation, education, and leadership through the publication and dissemination of peer-reviewed manuscripts centered on professional practice, research, and theoretical discussions.
The journal solicits high quality manuscripts from authors inside and outside of academia. Authors are encouraged to submit manuscripts that present quantitative and/or qualitative research findings; conceptual or theoretical discussions; or program practices. Published contributions should appeal to a wide audience including practitioners, faculty, students, policy makers, and others involved in outdoor recreation, education, and leadership.
For information on how to submit an article go to: www.ejorel.com and click “Author Instructions.” All manuscripts will be submitted electronically through the Manuscript Submission Portal found on the http://www.ejorel.com website.
Any questions should be directed to:
Dr. Aram Attarian
JOREL Editor in Chief
aram_attarian@ncsu.edu
Strange SAR results in a lawsuit: RCMP helicopter pilot misses SOS in the snow.
Posted: August 27, 2009 Filed under: Skiing / Snow Boarding Leave a comment
But the lost couple brought the problems and resulting deaths on themselves.
A Montreal Canada man is suing the Royal Canadian Mounted Police (RCMP) over a failed search and rescue (SAR) in Canada. In this case the man’s wife died and he suffered injuries after they got lost and the RCMP failed to search for them even after finding an SOS stamped in the snow. The couple was lost for nine days, the wife eventually dying.
The plaintiff is suing the search and rescue organization and the RCMP as well as the resort. Searches were called off because of conflicting information. Although the SOS was seen by pilots flying in the area, no one had reported anyone missing and no ski rental gear was reported missing.
The plaintiff and his wife had ducked ropes and skied out of bounds at the Kicking Horse Mountain Resort in British Columbia. You duck a rope you’re on your own.
See Montreal-Area Man Sues Ski Resort, Police and Search and Rescue Group Over Delayed Rescue Effort
and Man files suit over botched rescue of his wife from mountains.
Legal Shield or Level Playing Field: North Carolina Ski Resorts working to get a Skier Safety Act Passed.
Posted: August 25, 2009 Filed under: Ski Area, Whitewater Rafting Leave a comment
North Carolina Whitewater Rafting Industry attempting to do the same.
An article in the Asheville North Carolina Citizen-Times is reporting that North Carolina Ski areas are attempting to get a law passed that would update the law about ski industry lawsuits in the state. Some label the law as a legal shield for ski areas while others call the law a leveling of the playing field.
The law would create responsibility on the part of the skier to watch for terrain issues such as rocks or bare spots. Area operators would have to inspect runs twice a day and post run conditions. Lift tickets would have a notice to skiers of the risk of skiing.
The whitewater rafting industry is attempting do get a similar law passed.
Both bills are fairly week in all honesty. The plaintiff’s bar association appears to be quite powerful and is stopping any major modifications.
See Ski resorts, whitewater rafting industry seek legal shield. For Outdoor Recreation Law Review articles about this see It Takes More Than a Ticket Purchase to Enforce a Contract and Release.
It’s Not My Fault, Its Their Fault: School Canoe Trip results in rescues
Posted: August 20, 2009 Filed under: Paddlesports, Rivers and Waterways 2 CommentsI am going to give you my kid then ignore any parental responsibility to see if you have a brain or have done any research.
Writing these blogs I want to laugh or cry but mostly I just shake my head and wonder. The article Risky Canoe Trip May Result In Lawsuit brings up several issues that I haul my soap box out for.
The simple facts are a school trip went to a canoe livery and rented canoes. The water was high and everyone ended up needing rescued. Then the fun begins.
First everyone starts pointing fingers at everyone else to avoid any liability. The canoe rental company blamed the school.
However a participant on the trip said everyone is liable. (Why is a high school senior talking this way?)
Seriously life is so bad that high school seniors worry about liability issues? What happened to worrying about beating the cross-town rival, the senior prom and getting lucky! (You know getting into getting lucky and getting into a good college.)
The mother of the senior quoted just allowed her son to go without checking anything. The rivers were supposedly up because of rain. Weather reports or windows are not available in that part of the world. Sure it’s Tennessee but rain is still rain and rivers rise when it rains.
The odds were not good for the teachers to have any chance of winning an argument with high school seniors: 62 teenagers to five adults.
Of course the school district representative is caught in the middle and promising an investigation.
Finally the issue of life jackets came up and being cool won.
The good news is no one was hurt physically, we’ll see later if anyone’s pocket book is hit because of this school trip.
Great Article from Middle America about Mountaineering
Posted: August 18, 2009 Filed under: Mountaineering 2 Comments
An Honest account of climbing and falling
Mountain climbing is sort of an “out there” sport for more than 90% of the US. The only people who obviously undertake the sport are “nuts” according to your garden variety suburbanite. Finding a well written account of falling into a crevasse while climbing Mt Rainer is unexpected.
The article has some interesting issues. The fall is described as scary but the climber also took some pictures while in the crevasse. Even more interesting is a fairly good quote from the owner of the climbing company that does not incriminate or avoid the issues in the article.
It is refreshing to find a fairly good article about mountaineering in a New York newspaper.
Sometimes you can’t resist and I can never resist these opportunities
Posted: August 13, 2009 Filed under: Uncategorized Leave a comment
If you ride your bike to the brothel you get a discount. Everyone is getting into the green act!
You can’t help but want to support local business who wants to support environmental issues and work on climate change. What is better is the brothel is reporting that 3-5 people a day are taking advantage of the discount. The discount was in response to the drop in business caused by the recession.
That will just not work in the US were newspaper reports only talk about drive up service. LOL!
See Berlin brothel offers discounts for cyclists.
New Colorado Bike Law Poster
Posted: August 12, 2009 Filed under: Cycling Leave a comment
New Bicycle Colorado Poster Explaining the NEW Colorado Bicycle Laws for cyclists and motorists.
Federal Appellate Court Upholds Right to Motorized Boats in Grand Canyon
Posted: August 11, 2009 Filed under: Uncategorized Leave a comment
The 9th Circuit Court of Appeals has upheld a decision by an Arizona Federal District Court and threw out a suit to stop motorized boats in the Grand Canyon. Four groups had argued that using motorized rafts and allowing passenger exchanges by helicopter (at Whitmore Wash) impaired the wilderness character of the park.
Motorized rafts give participants the opportunity to experience the entire Grand Canyon in one week. With the US continuing drift to less vacations and vacation time, this is the only way that most people will ever see the entire canyon. Helicopter exchanges offer the same opportunity allowing passengers to get out of the canyon before their vacation time runs out.
As a boater in the canyon I sometimes think it would be nice not to have motors going by once every couple of days. At the same time, I know the canyon is what it is today because of the motors. Probably the only reason we have a canyon in the condition that it is, is because of the people the river trips have taken down. Motorized trips are able to take down many more passengers due to the reduced price and time issues. Each of those passengers is someone who understands and subsequently is able to protect this unbelievable resource.
The view from the rim is amazing. A trip down the canyon, no matter how will change your life.
See Appeals Court Rejects Suit Against Motorized Rafts in Grand Canyon
I was quoted in Outside Magazine
Posted: August 7, 2009 Filed under: Uncategorized Leave a comment
I was quoted in the August issue of Outside Magazine about the state of the whitewater kayaking industry. I’m on the board of directors of the Trade Association of Paddlesports and was called because of that position and my legal work in the industry for many years.
I have to remember that when I’m being interviewed by someone they are only going to use one sentence, two if I am lucky (or unlucky). I have been accused, wrongly, of loving to hear myself talk on any inane point. In this case I started the line with the quote language and moved on to say what the industry was now doing right for a few more than one or two sentences. My intelligent and pithy comments were reduced down to the kayak industry did itself in and nobody has bought boats in a while. Too bad because I had said some great things to the writer too!
See: First Look The Evolution of Whitewater Kayaking
Vancouver charging for commercial use of city parks
Posted: August 6, 2009 Filed under: Uncategorized Leave a comment
The Vancouver Sun is reporting that commercial users of Vancouver city parks such as Yoga instructors and Bootcamps must apply for a license and pay $12.70 an hour to use parks. The rules for regulations of the parks have been in place they just have not been enforced for these types of activities. See Boot camp operators forced to grunt and bear costs to use Vancouver parks
This is not a major issue nor is it a heavy price to pay to rent nice real estate. A one hour class for $13.00 is cheap compared to buying a piece of land and keeping it in nice shape for your classes.
Obviously I’m a fan of pay for play or the Federal Fee Demonstration program. Besides the money stays where it is paid rather than getting shipped back to Washington DC like all other land management fees.
Update: Give me a break! Teen charged $25K for a rescue he did not need
Posted: August 5, 2009 Filed under: Search and Rescue (SAR) Leave a comment
My recent post Give me a break! Teen charged $25K for a rescue he did not need
has been read by a lot of people, which is cool. I’ve also learned a lot from the responses. Here are some examples of what I’ve learned:
The National Association For Search And Rescue (NASAR) has a statement about billing for Search and Rescues (SARs) entitled Billing for Searches and Rescues Endangers the Public and Rescuers.
NASAR states that billing for SAR’s is a dangerous practice. It places rescuers at great risk as well as those being rescued because of the delays in calling for help. The delay is caused when people fear they are going to be charged for the rescues.
The Mountain Rescue Association which is composed of groups that do SAR’s in extreme terrain is also opposed to billing for rescues. The MRA position paper on this subject can be found at Mountain Rescue Association Reaffirms Its Position Opposing Charging Subjects For The Costs Of Their Rescues
Due to the influence of these two organizations and the Colorado SAR the City of Golden Colorado changed its position on charging for rescues. The report states the city has received a lot of negative press on top of additional problems in SARS caused by the policy. You can find the report at No Charge for Rescue. (It is nice to live in an enlightened state with such great cities! Thank heavens I don’t live in NH.)
Colorado Search and Rescue Board, a statewide organization of Colorado SAR also has a position paper on charging for SARs: The Colorado Search and Rescue Board’s Policy on Charging for Search and Rescue Services
But this was the shocker. Colorado Search and Rescue Board has compiled list of times when people in need of help did not request it or waited too long for rescue because of a fear of cost. You can find this paper at Examples of endangered persons refusing SAR help, waiting to call for help or hiding from help because of fear of large bill! It is scary to see that people put their lives at risk over money, but it obviously happens all of the time.
It is ironic that the people, who volunteer their time, energy, and money to go out in all kinds of weather to help people for FREE, also have to spend their time and energy fighting stupid governments.
Wake up New Hampshire you are only putting your citizens and visitors at greater risk.
Two people charged with crime in fatal rafting accident.
Posted: August 4, 2009 Filed under: Criminal Liability, Whitewater Rafting Leave a comment
The North Central Illinois News Tribune is reporting that two people were charged with operating a boat under the influence of alcohol. They were on the Vermilion River when their raft went over a low head dam. A third passenger in boat drowned.
They part of a group of seven people in two rafts. The first raft made it down a boat shoot on the right hand side.
The charges are a Class A Misdemeanor offense with a penalty of a $2500 fine or up to one year in jail.
See Two charged in wake of fatal rafting accident and Ex-St. Charles woman charged in fatal rafting accident.
Vehicles must give cyclists a minimum of 3 feet when passing starting August 4, 2009
Posted: August 3, 2009 Filed under: Cycling 1 Comment
A new law passed both houses and was signed by the governor of Colorado. The law requires all vehicles to pass a minimum of three feet away from any cyclists. The law has benefits for both motorists and cyclists. A breakdown of the law is as follows:
PASSING: The new law allows motorists to cross the center lane of traffic if safe to do so when passing cyclists.
LANE POSITION: Bicyclists will have the ability to ride as far right as is safe.
MORE THAN ONE RIDER: The bill clarifies that bicyclists may pass one another or ride side-by-side if they are not impeding the normal and reasonable movement of traffic.
ANTI-HARASSMENT: Language in the bill makes throwing an object towards a bicyclist a class 2 misdemeanor and driving towards a bicyclist in a dangerous manner a careless driving offense.
For more on the bill see the Bicycle Colorado web site.
Bicycle Colorado will have cycling jerseys for sale reminding motorists of the new in the fall of 2009. Stay tuned for the announcement.
Give me a break! Teen charged $25K for a rescue he did not need
Posted: August 3, 2009 Filed under: Criminal Liability, Search and Rescue (SAR) 7 Comments
A Facebook page started to round up money, but we would be better off paying an attorney to fight it for him
Here is the story. A 17 year old Eagle Scout went hiking in the White Mountains of new hampshire last April. He sprained an ankle, tried a different route out, it failed and he spent 3 days backtracking. In the mean time a Search and Rescue (SAR) was called. Volunteers and state employees were called to search for the youth. He was found, hiking, OK and not needing a rescue. When found by SAR he was described as on his way home.
Three months later the state of new hampshire sent him a bill for his non-rescue for $25,000. They are saying that he was negligent.
Fish and Game Maj. Tim Acerno said the decision to fine Mason came from what was deemed as the teen’s negligence for continuing a hike with an injury — a sprained ankle — and veering off a trial to what Mason recalled was a shortcut. Only the shortcut was cut short by a stream swollen from melting snow and snow still on the ground in April. See Teen walloped with NH rescue fine
In new hampshire it is negligent to hike with a sprained ankle! Or is it negligent to try and take a shortcut when you sprain an ankle.
The state is forcing people to decide whether going outdoors is worth it. Is the value of my life without the outdoors worth risking everything I have gained indoors?
But as cynical as I sound, if you are a professional or volunteer, if you are part of a SAR unit and you work in the US this can have a disastrous effect on your business or volunteer work.
If the state can prove someone is negligent for hiking on a sprained ankle when he tried to take a shortcut, how easy will it be to use that case law and prove you were negligent as a guide for not getting your client back when you predicted. For not getting your client home 100% safe.
What about SAR missions. If the state can prove negligence in this case, it will be easy to prove negligence for failing to find or failing to adequately rescue.
This could have serious domino effect.
Here is the new hampshire statute
206:26-bb Search and Rescue Response Expenses; Recovery.
I. Notwithstanding RSA 153-A:24, any person determined by the department to have acted negligently in requiring a search and rescue response by the department shall be liable to the department for the reasonable cost of the department’s expenses for such search and rescue response. The executive director shall bill the responsible person for such costs. Payment shall be made to the department within 30 days after the receipt of the bill, or by some other date determined by the executive director. If any person shall fail or refuse to pay the costs by the required date, the department may pursue payment by legal action, or by settlement or compromise, and the responsible person shall be liable for interest from the date that the bill is due and for legal fees and costs incurred by the department in obtaining and enforcing judgment under this paragraph. All amounts recovered, less the costs of collection and any percentage due pursuant to RSA 7:15-a, IV(b), shall be paid into the fish and game search and rescue fund established in RSA 206:42.
II. f any person fails to make payment under paragraph I, the executive director of the fish and game department may:
(a) Order any license, permit, or tag issued by the fish and game department to be suspended or revoked, after due hearing.
(b) Notify the commissioner of the department of health and human services of such nonpayment. The nonpayment shall constitute cause for revocation of any license or certification issued by the commissioner pursuant to RSA 126-A:20 and RSA 151:7.
(c) Notify the director of motor vehicles of such nonpayment and request suspension of the person’s driver’s license pursuant to RSA 263:56.
Emphasizes Added
No jury, no court no judicial authority makes the determination as to whether or not there was real negligence. Under most state laws, no “department” can determine if someone is negligent. That is left solely within the power of the trier of fact, a jury usually.
Duh Joe, what’s the budge look like this week? Really a little short, well let’s bill somebody. Let’s see I helped a little old lady across the street, she looked lost to me, I think she’s good for $50 K!
I hear politician’s everyday say at what point do US citizens take responsibility for their own actions. Well here is the perfect case and the state says you can’t be responsible. A well trained individual got in trouble and got himself out of trouble. Now the state wants money from him?
Another article quotes the state as saying
Scott Mason had been praised for utilizing his Eagle Scout skills — sleeping in the crevice of a boulder and jump-starting fires with hand sanitizer gel. But authorities say he wasn’t prepared for the conditions he encountered and shouldn’t have set out on such an ambitious hike.
“Yes, he’d been out there in July when you could step across the brooks. And people have been out there in winter in hard-packed snow. But with these spring conditions, it was soft snow, it was deep snow,” said Fish and Game Maj. Tim Acerno.
Mason was negligent in continuing up the mountain with an injury and veering off the marked path, Acerno said. Negligence, he said, is based on judging what a reasonable person would do in the same situation.
Emphasizes Added
See: Teen fined $25,000 for cost of NH mountain rescue.
So now hiking is OK, but only when it is summertime. It was snowing in the Colorado mountains last week, should we have closed the mountains? The makers of snowshoes, avalanche beacons, back country ski gear and cold weather gear are going to be disappointed when they find out you can’t use their gear outdoors anymore.
A reasonable person would have lay down and died, or spent hours watching a cell phone battery die. This kid got himself out of the jam and was walking home!
The young man has until August 9th to pay the bill or to go to supposedly court to contest the fine. I don’t see anywhere in the statute where he has an option of going to court. But he should and we should help. For more information on helping Scott Mason please read to the end.
Negligent Hiking?
I am stumped on how the state can create a law about negligent hiking. 25 years practicing law, 20 years specializing in outdoor recreation and I’ve never heard of or even thought of the idea of negligent hiking, negligent self rescue. More importantly what constitutes negligence when going for a hike? Negligence is composed of four steps all of which must be met. There must be a:
- duty,
- a breach of that duty,
- an injury, and
- damages proximately caused by the breach of the duty.
What is the basic duty that was breached? Does a hiker owe the state a duty not to get hurt or lost? (Consequently doesn’t the state owe the hiker a risk free trail and signs so the hiker does not get hurt or lost? like in any downtown city in the US?). Where is the duty owed and to whom? Citizens only owe the state a duty if the state by law has said there is a duty. The best example is to pay taxes. Not to walk the way the state wants you to walk or to behave in the woods the way the state wants you to behave.
If we don’t get involved to fight this law several major things are going to happen.
SARs are going to get messier. Instead of calling when things are bad, people, in fear of a $25K or higher bill will wait till it is too late. A fine is not going to stop people from going hiking or doing stupid things. If that was the case, our jails would be empty and our taxes would be higher. (No speeding tickets a city has no income.) new hampshire is going to fine everyone they believe will give them some money.
The capstone for this is the family of the rescued young man sent $1000.00 to the search and rescue group for helping to find Scott.
If you would like to contribute to the Rescue Scott Mason Fund send a check to:
Scott Mason Contribution Fund
Mutual Bank
336 Plymouth Street
Halifax, MA 02338
What else can you do?
- Avoid New Hampshire. Sure states need money now, but they should not put the lion’s share on the back of those of us who enjoy the outdoors. More so the state should not place people in a position where they measure the value of their life in the outdoors against their life without the outdoors. If we stay away from New Hampshire because of these risks, the state may catch on.
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Contact the governor of new hampshire and let him know what you think and that charging a young man for not being rescued is ridiculous
Office of the Governor
State House
25 Capitol Street
Concord, NH 03301(603)271-2121
(603)271-7680 (fax)
Click here to access the governor’s email account.
Tell the governor to cancel the rescue fee and to change the law or you will boycott the state.
- Send money, but encourage the family to use the money to fight the case. I believe it will be impossible for a jury to decide that Scott Mason was negligent.
- Contact the new hampshire fish and wildlife division and let them know what you think. The website to contact them is http://www.google.com/url?q=http://www.wildlife.state.nh.us/Inside_FandG/contact_fish_and_game.htm&ei=XyF2SsDuKonatgO1ueHGCA&sa=X&oi=smap&resnum=1&ct=result&cd=6&usg=AFQjCNGpxWsnyGqilZ3FFnUWqKRxKFv3tg. However I’ve never got it to open, it keeps crashing. J Maybe they are getting a lot of traffic over this?
For more discussions about charging for Search & Rescue see Search & Rescue and charging for it and Vermont getting serious about charging for Search and Rescue. For a great post on the right to do we want to do in the wilderness see Jon Heshka and the Right of the Individual to Die Doing What We Love.
To see a facebook Page about the issue see: Rescue Scott Mason AGAIN.
Moving Mountains: Journal of Sport for Development and Peace
Posted: August 2, 2009 Filed under: Uncategorized Leave a comment
(A more detailed announcement is posted online at sportdevelopmentpeace.org)
Moving Mountains (MM is a new journal dedicated to the United Nations theme of sport for development and peace. MM is a project of Mountain Legacy in collaboration with Himalayan Journal of Sciences (itself a project of the Himalayan Association for the Advancement of Science) and with faculty of Tribhuvan University (TU) and SUNY Cortland’s Sport Management Department. The first issue will be published in September 2010. You can help!
We are looking for:
- Feedback: isolated comments and suggestions, or long-term counsel
- Contributions: articles, photos, letters
- Reviews: specialists in a wide variety of fields
For a list of proposed departments and article types, see “Inside Moving Mountains” at sportdevelopmentpeace.org
Who should collaborate on Moving Mountains?
As the name suggests, there is a great deal of work to be done. We need qualified scholars to contribute original research articles in and/or to serve as reviewers on a broad array of topics, including sport management, economics, ecology, gender issues, and development. We need sport participants to contribute personal narratives of the impact of their activities on development and peace. We are interested in accounts of failed development, marginal successes, and shining examples, and we particularly want to know about opportunities for young people to become involved as amateur or professional sport-development-peace facilitators.
Rationale
The connection between sport (or games in general) and peace is far older than the Olympics; the fact that many species engage in mock combat in order to establish dominance suggests that the connection is actually hard-wired into our genome. The perception of opportunity for economic development as a concomitant of sport is relatively recent, but certainly not original at this point. Nonetheless, as recreation becomes a more important component of the economy, opportunities are rapidly expanding. There is an increasing need for specific guidance as to how sport can be managed in a way that serves social needs beyond simple recreation.
Sport for Development and Peace is a theme that embraces an open-ended array of activities, and we do not intend at this point to narrowly circumscribe the journal’s coverage. The explanations given here are provisional.
- Sports may be engaged in for profit or for fun, competitively or not, in teams or individually, with or without rules. By way of illustration, we would include soccer, tennis, gymnastics, jogging, trekking, skiing, mountaineering, and some forms of dance. For reasons of personal predilection on the part of journal organizers, we would exclude hunting, fishing, bullfighting, or any other sport that injures or exploits animals.
- Development simply means change due to human impact, whether beneficial or not. We are most interested in the positive impacts that sport may have on society and environment, but in order to promote the positive we will necessarily have to take note of negative development as well.
- Peace is harmony among humans; it entails economic prosperity, sustainable use of resources, and equity in all opportunities.
Sport for peace and development does not necessarily mean that sport is undertaken for the purpose of achieving peace and development. Rather, the phrase focuses on the impact, whatever the intention.
As a “tool” for social engineering, sport comes into play in a variety of ways:
- Sports may become a key component of the economy of a community or even an entire region. It may become the basis for tourism, both domestic and international, and therefore contribute to peace and prosperity. In the case of outdoor sports, the economic agenda may translate into an agenda of natural and even cultural conservation.
- Sports events may be organized to raise funds for or promote consciousness of a given agenda. Nixon’s ping-pong diplomacy, which facilitated the normalization of relations between the United States and China, is one example; another might be a local bicycle ride or walk-a-thon in support of AIDS research.
- Basketball or other sport leagues may be organized in an effort to sublimate and mitigate rivalries across social divides.
- Sports instruction in schools may be used as a tool of social engineering, to promote cooperation, discipline, and other desirable personal and social attributes.
- Participants in certain sports (such as mountaineering, trekking, and scuba diving) may become involved in protecting the environments they enjoy and in meeting objectives of host communities. This response is particularly significant inasmuch as many sports entail direct or collateral damage to the ecosystem, erosion of traditional culture, aesthetic degradation (through accumulation of waste material), introduction of health problems, and limitations on economic opportunities (particularly those that involve extractive exploitation of natural resouces).
MM will recognize and promote sport as a tool for positive social engineering. It will publish peer-reviewed research reports, articles, news, and columns for professionals, scholars, students, and prospective participants. (For more details, see sportdevelopmentpeace.org)
What does “Sport for Development and Peace” have to do with Mountain Legacy?
(For more information about Mountain Legacy, see mountainlegacy.org and bridgesnepal.com)
First of all, “development and peace” are goals that largely mirror those of Mountain Legacy. Sustainable development and social harmony depend on cultural and natural conservation.
Secondly, the mountain agenda cannot be separated from the larger context. Lowland population centers are the gateways to highland destinations. To the extent that economic opportunity in the mountains depends on tourism, the competitive capabilities of mountain regions depend on regional assets, including peace. Development policies are made in lowland population centers, and the willingness of planners to take highland needs into consideration depends on the awareness of highland contributions to the regional economy.
Third, the dynamics of sport impact on development and peace are similar at any elevation. While some of us are most interested in mountain sports, we can certainly learn from sports in other environments, whether scuba-diving in reefs, Olympic games in Beijing, or New York Jets summer camp in Cortland (upstate NY). Sport is global, and the value of our journal would be diminished if its scope were narrower.
Nepal provides an excellent case-study of the linkages between sport, development, and peace. Trekking is the magnet activity that drives tourism in Nepal, and tourism is the foundation of Nepal’s economy. Political instability in Kathmandu has lead to guerrilla warfare in the hills, which has crippled the goose that lays all those golden eggs. Pollution, poverty, health, and gender issues (to cite just a few critical areas) all constrain peace, conservation, and future opportunities.
The Mountain Legacy agenda is in many ways exemplary of the sport-development-peace linkages outlined above. Most of the ML collaborators became interested in conservation by way of a prior interest in mountain sports. Our Bridges programs have focused on promoting trekking as a key economic activity in remote mountainous destinations. The 2010 program, while maintaining a multi-pronged, multidisciplinary agenda, will undertake feasibility studies for two new sporting events that would serve as economic catalysts and also as venues for intercultural cooperation.
HJS: A Respected Model
Moving Mountains will emulate the publication values represented by Himalayan Journal of Sciences, a respected journal since 2002.
Please pass this notice to colleagues and students who might be interested. Thanks!
Seth Sicroff
Projects Coordinator,
Mountain Legacy
sicroff@gmail.com
If you go to Burning Man and get burned, you assume the risk.
Posted: July 30, 2009 Filed under: Assumption of the Risk 2 Comments
A man who got burned at Burning Man cannot sue for failing to know the fire was hot. Burning Man is an annual event in the Nevada desert that culminates in burning a 60′ wooden edifice. It started on a beach in California after a bad divorce.
I’ve always wanted to go. It is a week of naked people running around drunk or in costumes drunk. My kind of place!
Four years ago the plaintiff went to burning man and attempted to throw a picture of a deceased friend on the fire and was burnt in the process. It was his third trip to Burning Man. Actually he tripped and fell into the fire after throwing the picture into the fire.
He sued Burning Man for his injuries and the appellate court upheld a lower court opinion and said he assumed the risk. The plaintiff’s claim was based on the allegation that “negligently allowing people to approach the fire without safe pathways.”
See Burning Man survives suit by burned man
Exciting Job Post: working to get Olympics to Chicago and work in the Parks Program
Posted: July 29, 2009 Filed under: Uncategorized Leave a comment
I rarely post job openings, but I thought this one was pretty neat, as well as a great opportunity.
As some of you are aware, I am “on loan” to the Chicago Park District (CPD) from DePaul University in the position of Chief Program Officer (CPO). I am working with Mayor Daley’s Office to secure the Olympic bid while overseeing all 6000 programs and 4000 program staff for the city’s park system.
I’m in the process of recruiting and hiring a Professional Development Manager for the District. I see this as an excellent opportunity for a Ph.D., ABD or M.S. who is interested in applying their teaching, research, and problem solving skills in one of the worlds largest urban park and recreation systems. I have attached and pasted below the job description. However, there will be a great deal of flexibility beyond the job description, as governmental job descriptions are written with little creativity.
Please share this with friends, colleagues, and students who may interested in this opportunity. Feel free to apply for the position by August 7, 2009 at: http://www.chicagoparkdistrict.com/ Click on jobs, go to Professional Development Manager. If you have questions, I can be reached at: dan.hibbler@chicagoparkdistrict.com
or 312-742-4868.
Best regards,
Dan K. Hibbler, Ph.D.
Associate Professor & Faculty Mentor
DePaul University
School for New Learning
(312) 362-5275
How not to respond to a product liability claim or How to turn a mess into a legal disaster.
Posted: July 28, 2009 Filed under: Cycling 3 Comments
Isn’t here an old saying about dirty laundry in public, or in this case showing the world that your product failed, you don’t know why and it wasn’t your fault…?
The list of smart-a$$ titles for this piece is long but I figure I better stop and let you know what I mean.
An editor of Velo News was bicycle racing riding on a set of Mavic wheels. Basically the wheel broke and so did he when he hit the ground. He wrote an article about the story. See A shattering experience – A post-recall, R-Sys wheel failure. The wheel had been recalled earlier, but this was a post recall, or fixed wheel. The injured editor did the right thing and called Mavic who inspected the wheel. Mavic decided the failure of the wheel was due to rider error. He hit something.
This was after Mavic sent five people to look at the wheel. It is not know whether Mavic investigated the area where the crash occurred.
Mavic‘s analysis did not match what the editor thought happened. And being a journalist he investigated. He contacted everyone he could, then contacted everyone they knew and kept going until he had a good idea from third party accounts of what happened. He did not hit anything. The wheel failed.
So he did what anyone who is angry and has the ability does, he wrote about it. Mavic‘s response he felt was wrong.
At this point the lesson in how not to handle a disaster starts.
Mavic then filed a response. Velo News published the response. At this point in time we can start tracking the Public Relations nightmares that Mavic created. And as I have said numerous times before, the marketing department makes statements the legal department has to clean up.
- Mavic did not look at or ignored the area where the accident occurred when the decided it was something in the street that caused the wheel to destruct.
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Blaming the rider or the owner of the product for a product failure creates a three year old battle.
- The battle will go on for three years
-
The battle will look like three year olds are doing it.
- Yes you did
- No I did not
- Yes you did
- No I did not
Mavic‘s response was to Velo News, not the injured editor. In the response Mavic back peddled and said the cause of the accident had not yet been determined.
- Once you are in the s$$t it is stupid to say you are not in the sewer. Even worse to say when you are covered in s$$t that you were never in the sewer.
- Being nice when you smell like s$$t helps, but you still smell like s$$t.
You got a problem, deal with the problem. Blaming someone else for your problem never works and makes you look stupid in the eyes of the world and any jury. Mavic thought the problem was a possible lawsuit from an injured rider. That would have cost them money. However creating a situation where the problem is brought out in public and you are made to look like a liar is going to kill sales. I suspect the lawsuit might have had less of an effect on Mavic‘s bottom line.
- Velo News was not injured in the disaster, why are you writing letters to Velo News.
The inured party here who deserves the response is the editor. Writing to Velo News to say we are not wrong, we may not have been right, is not the way to deal with this. If you are worried about the problem deal with the problem. If you are worried about bad press, don’t be an idiot to begin with. Write a letter to the injured rider. Remember that second head line, dirty laundry.
- Dealing with the press about someone’s personal problem rather than dealing with them is proof that you are hiding something.
Too many times the PR or marketing department starts to deal with a problem then it gets shifted to the legal or risk management department and no matter what the company looks like it has a split personality and looks bad.
Worse there is not legal department and those charged with risk management and usually some other full time consuming job gets scared and speculates on what to do.
Get together. Allow the PR or marketing department to be the front face that is what they are good at. Let legal or risk management review but don’t allow fear of litigation to control any response to anything. And never allow the fear of being sued to put you in a position where you look like you lied.
- If you don’t know what happened, never speculate, never guess, be honest and say you don’t know.
- Never blame anyone else if you don’t know. You become a liar when it comes out that you were wrong.
A summary is the writer made most private investigators look lime and got statements from everyone around that said the wheel failed, it did not hit, drop or roll into something. Mavic tried to cover their butt without using its head. The result, writer has a broken bone, bad wheels and Mavic looks bad. The first two things you expect as a cyclist, broken wheels and broken bones, the last is sad.
I suspect that this fight will continue, see 2a and 2b above. That is good for me, I get to write more. That is bad for the industry. It will become a disaster for Mavic.
For more about this mess see: Mavic announces R-SYS recall, A shattering experience – A post-recall, R-Sys wheel failure, and Mavic responds to wheel collapse article.
Recreation Law 