CALL FOR ARTICLES: PHENex journal/Revue phenEPS (Physical and Health Education Nexus/phénix Éducation Physique et à la Santé)

Physical Health Education Nex (us)/ (phén) ix Éducation Physique et à la Santé

http://ojs.acadiau.ca/phenex/

We are pleased to announce the launch of a new, on-line, open-access, peer reviewed journal focused on research in physical and health education, PHENex journal/Revue phenEPS (Physical and Health Education Nexus/phénix Éducation Physique et à la Santé). Published in Canada, this journal accepts submissions from researchers in physical and health education from around the globe. We invite you to visit the PHENex/phenEPS site at

http://ojs.acadiau.ca/phenex/.

PHEnex/phenEPS publishes empirical, theoretical, and methodological research, and position papers, as well as reviews and critical essays by Canadian and International authors. Research methodologies may be quantitative, qualitative or mixed method and may use data gathered through historical analysis, surveys, fieldwork, action research, participant observation, content analysis, simulations or experience. Articles most appropriate for PHEnex focus on pedagogical, social, cultural, philosophical, psychological, historical, sociological or management issues in physical education, health, dance, recreation, or leisure studies.

Articles may be submitted in English or in French. Abstracts will be translated to appear in both French and English.

If you are interested in submitting to this journal –

Click on About the Journal (http://ojs.acadiau.ca/index.php/phenex/about) for the journal’s submission and open access policies.

Find Author Guidelines at: http://ojs.acadiau.ca/index.php/phenex/about/submissions#authorGuidelines.

Authors need to register (http://ojs.acadiau.ca/index.php/phenex/user/register) with the journal prior to submitting.

If already registered, simply log in (http://ojs.acadiau.ca/index.php/phenex/login) and begin the 5 step process.

Ellen Singleton, Ph.D. Pierre Boudreau, Ph.D. Susan Markham Starr, Ph.D.

English Editor Éditeur francophone
Managing Editor


Nevada family settles lawsuit over death of son swept off Nevada chair lift by Avalanche

A Las Vegas Nevada family settled their lawsuit against the Las Vegas Ski and Snowboard Resort. Other defendants named in the suit were Lee Canyon Ski Lifts, Lee Canyon Ski Corp. (the corporate entities that owns the resort) and several employees of the resort. No information has been released on the amount paid or other issues in the settlement.

The victim was 13 years old and sitting on a ski lift at the resort when he was swept away by the avalanche. It took 6 hours to recover his body. The US Forest Service investigated the death and found several safety violations on the part of the resort. The resort has hired avalanche experts, located a weather station at the top of the mountain and purchased a 40 mm canon for control work.

For more information about the settlement see Las Vegas family, resort settle avalanche death suit


Satellite phones are not enough, now anyone can “phone home”

A Nepali telecom company plans to place mobile phone towers at four places around Mt. Everest so you can use your mobile phone about anywhere on the peak. The coverage planned will allow cell phone calls from the summit of Mt. Everest. The work is expected to be completed this year.

I heard Sir Edmund Hilliary, the first person to summit Mt. Everest in 1953 say he best conversation he had with his son was when his son called with a satellite phone from the summit of Mt. Everest.

It took seven days for the news of Hilliary’s summit to reach England in 1953, now anyone can check on their laundry from the summit of Mt. Everest.

See Mt Everest to get mobile coverage


Dinosaurs are alive and well in Jefferson County Colorado

Too bad that weren’t converted into the petroleum they obviously want to support.

After just passing a bill in Colorado to make cycling a little safer, the Jefferson County commissions want to make cycling impossible. Never mind the cost of gas, never mind the environmental issues, never mind the exercise benefits; cars come first with these ancient relics.

Bicycle Colorado is reporting on its website Possible Bike Ban on Horizon – Can they really do this?! the Jefferson County commissioners are requesting a state law that would allow counties to ban cyclists from roads of their choice. Effectively anyplace that anyone had a commissioner’s ear in the state of Colorado could ban bicycles from “their” roads.

What can you do?

1. Join Bicycle Colorado. It’s only $30 a year. Spend more money and get socks!

2. Sign up for Bicycle Colorado’s emails about the issue. They’re not bad; at least you can read them and feel like your money is doing something.

3. Find out who your legislators are if you live in Colorado and let them know you are opposed to any proposal to ban vehicles in Colorado, bikes or cars. If you don’t contact the governor and tell him you ride a bike in Colorado when you visit and you visit often, if you do.

Here is the insane thing. You can’t ride your bike home on certain roads if this bill passes because bikes would no longer be vehicles, but you can probably still get arrested for BUI (Bicycling under the influence.) Yes Mary, at least two people have lost their driver’s license in this state because a drunk bicyclist is dangerous. They might ride into a shrub or a telephone pole and that is……well funny actually.

As much as you may like dinosaurs, sometimes they should be converted into petroleum. That is why it is called fossil fuel.


Duh – Sloshing your drink is dumb

Rafting drunk is dumber and a crime.

The Oregon Court of appeals is a violation of state boating laws in Oregon. The court decided that a raft is covered by the laws regulating boating. The defense argued that a raft was not a boat……… There was also an argument made that the drunk defendant did not have control of the raft at the time he was intoxicated, which in all honesty could be argued about whitewater rafting all the time.

See Court: River rats can’t legally raft drunk

But still…..


Continuing Legal Disaster with the New BSA Annual Health and Medical Record

Normally when the media, volunteers and in some cases lawyers get involved in an issue things get better. However there is the old adage that it will always get worse before it gets better, which seems to be the rule with the new BSA Annual Health and Medical Record.

I first wrote about the BSA Annual Health and Medical Record in New BSA Medical Form is a Disaster. The second article I wrote is Response to Comments on the New BSA Medical Form. Here is the third.

The BSA attempted to answer some questions about the Annual Health and Medical Record at a FAQ website. Frequently Asked Questions Concerning the Annual Health and Medical Record. This article will try and clarify some mistakes the site makes.

There are some great sections and answers on the FAQ page. The answer “Q. Do I really need to explain everything about myself or my child, such as learning disabilities or depression? I don’t want myself or my child to be treated differently” Is very good. I was working at a summer camp and visiting the rifle range when a youth stood up with a loaded rifle. His parents had decided not to notify us of medication issues.

However in this day and age no one should have any social security number on any document. Health care will never be withheld for lack of a social security number.

Q. Why do I need to put my child’s or my own social security number on the record?
A.
It is your choice as to whether you fill in this number; however, in many states, medical care cannot be rendered without it.

The part of the form that is receiving the most news coverage is the new height and weight requirements. In effect the requirements ignore generally accepted medical research and are going to severely restrict Scouting. The FAQ restates that position.

Q. Our camp is at least 30 minutes from the local hospital by ambulance or EMS. Does this mean that we automatically have to meet the height/weight requirements for all activities at the camp?
A.
While response time for basic or advanced life support should be a consideration for a camp’s emergency action plan, it is not the record’s intent. If your travels by foot, bicycle, horseback, afloat, or whatever the mode of transportation take you more than 30 minutes off of an accessible roadway where in an emergency vehicle can reach you, you will need to meet the height/weight requirements.

The great comments about this part of the form are that most employees of the BSA national office supposedly won’t make the cut also.

Even worse, the requirements are based on a Body Mass Index (BMI) for men. Exploring has been coed since the 1970’s and Venturing since the 1990’s.


Lawsuit filed over fatality on inflatable kayak trip on Rogue River

In June of last year a women in a kayaking class drowned on the Rogue River. Cynthia Lee Von Tungeln was on a trip with Echo River Trips and running Picket Fence in the Blossom Bar rapids. She hit a rock and flipped the inflatable kayak. She was found wrapped around a rock. It took several weeks for the river to release her body so she her body could be recovered. Many accounts of the accident focused on the fact the woman’s body could not be recovered and that others on the river might see her.

According the article, the family of the deceased, are claiming the defendant where negligent in providing a kayak and inadequate instruction. (?) The defendant was also negligent in allowing and encouraging “her to proceed through dangerous rapids without warning.” See Family of kayaker who drowned on Oregon River seeks $4 million

It is sad that someone died having fun. But for many of us, that is the very nature of fun for us, pushing our limits, wanting to grow, or feeling the adrenalin surge. See Jon Heshka and the Right of the Individual to Die Doing What We Love and Adrenalin Junkie, Death Wish or Living Life to the Absolute Fullest.

There are several issues with the claims the plaintiff is making. First the deceased was in the inflatable kayak with another woman. She survived. This will throw in a lot of issues about how bad the rapid really was. The training and the instructions were adequate if one person survived the identical accident. I.e. if one person received the exact same instructions then the differences in the survival and the fatality were one person listened and did what she was told and the other did not. Or the deceased had an unknown or unreported issue that increased the chance that she would not survive.

Another issue is the trip was 34 miles long and the plaintiff had to have been in the inflatable kayak for a while. At some point she assumed the risk of the activity.

Both of these defenses would be in addition to any release the deceased might have signed prior to the trip. Oregon law is fairly solid on supporting releases, if they are properly written.

For additional articles about the accident see Rafters may see body that cannot be recovered and Body recovered from rapids.


CELEBRATING OUR 120 YEAR ANNIVERSARY AND THE INTRODUCTION OF A NEW BRAND


Cassin comes to the US

This year marks the 120th anniversary of CAMP Technical Adventure Equipment. The company remains family owned and operated from its headquarters based in the small town of Premana situated in the pre-Alps of Northern Italy. It was here that the great grandfathers of the current management created the first ice axes and crampons for the Italian military. They named their company after their home, Construzione Articoli Montagna Premana, which translates to Articles for Mountaineering Made in Premana. The history of CAMP is rich with famous first ascents, leading product innovations and a dedication to the alpine realm.

CAMP is well known as the leader in lightweight technical adventure equipment with the lightest gear in nearly every category we offer. We are also known for the breadth of our product line. Whether you are a beginning mountaineer on your first foray on Mount Hood or an experienced mountain guide, CAMP has the equipment you need.

In 1997, CAMP acquired another historic Italian climbing company, Cassin. The company was started in 1947 by another Italian and one of the most accomplished climbers of all time, Ricardo Cassin. Since acquiring the company, CAMP has developed Cassin into a premier and highly technical climbing brand. In keeping with the technical reputation of Cassin, the two categories that will be introduced to the US market in 2010 are Big Wall/Aid Climbing equipment and Technical Ice products. What you can expect from CAMP are upgrades to products in nearly every category including the Nano 23 lightweight carabiner and the award-winning new Stratos harness which blends lightweight and functionality in a way never before achieved.

CAMP USA once again invites you to experience our brands in booth #3000 at the 2009 Outdoor Retailer Summer Market. Our new collateral materials will be available and our entire product line will be on display in a new, more interactive way. We are contacting you today to arrange appointments with our experienced and knowledgeable staff.

E-mail a request for an appointment to Tommy Knoll (tommy@camp-usa.com) or call 720-932-779 to set an appointment.

Best Regards,


Tommy Knoll – Managing Director


Commercial drowning on the American River in California

It is being reported that a 20 year old man died of a foot entrapment while training to be a whitewater rafting guide. The victim was in a boat on the South Fork of the American River when the boat tipped or flipped and the victim was thrown in the water. The boat had hit Gunsight (rock) in Troublemaker rapid. The victim got lodged 70 yards downriver of the accident.

For more details see Man drowns rafting American River


A silent auction will be set for Andy Knapp Memorial Fund: A long time fixture and icon in the outdoor industry.

Numerous sources have reported the death of Andy Knapp, an icon in the outdoor industry. A silent action is being held to help defray some of the medical expenses Andy incurred.

Midwest Mountaineering, Andy’s employer has information about the Bell canoe and the fund on their website.

A Celebration of Life Party will be held July 17th for Andy at the Cedar Cultural Center at 8:00 PM in Minneapolis, MN.


The Alpine Club of Canada’s Alpine Journal now Digital

The Alpine Club of Canada has published its Alpine Journal on a DVD. Every issue for 100 years is now available for research or just reading. EverUpward: A Century of Canadian Alpine Journals
includes the articles and the photographs from the journal.

Researching a climb can always be a tedious and ultimately information lacking experience. The information is out there, but finding it is impossible and then getting your hands on it is even worse. Of course this lack of information can also be part of the reason to do some climbs, but for those of you looking for information, this is a great resource.

EverUpward is available for purchase through the Alpine Club of Canada’s online store.


UIAA Medical Commission provides advice on contraception at altitude

OK, maybe the headlines were a little titillating or confusing, but there are real issues with climbing and drugs. As the article describes there are issues with any drug at altitude. Additionally some women take contraception to control the effects of menstruation cycle while they are climbing

No matter how titillating the medical issues and need for the article is real.

See Medical Commission gives advice on contraception at altitude. You can read the actual article at Contraception and Period Control at Altitude


The Second Issue of the Journal of Unconventional Parks, Tourism, and Recreation Research (JUPTRR) published

We are pleased to announce the publication of our second issue of the Journal of Unconventional Parks, Tourism, and Recreation Research (JUPTRR). The issue and individual articles are available online at http://juptrr.asp.radford.edu/Current.htm.

Thank you for your support of JUPTRR!

The next submission deadline is August 15th and is a regular issue.  Manuscripts for the special issue on Dark Tourism will be accepted through February 15, 2010.

Please help spread the word!

CURRENT ISSUE

Journal of Unconventional Parks, Tourism & Recreation Research

ISSN 1942-6879

Volume 2, Number 1, 2009

Turning monsters into people: A reflexive study of sex offenders and leisure

D J Williams

This arts-based study serves two interrelated purposes. First, it draws from multiple tales to illustrate reflexivity (and its benefits) between the author, research topic, and participants. Different forms of tales show multiple and diverse human interconnections and the complexity of understanding potential leisure among sex offenders. The importance of prioritizing reflexivity should not be underestimated, particularly when conducting research with populations that commonly are “othered” and sometimes demonized. Within a reflexive context, a poetic transcription from structured interviews with five sexual offender parolees is included to explore the possible essence of leisure as expe rienced by these men. The inclusion of evocative representations emphasizes commonalities of the human condition, yet also illustrates differences between people.

Doctrinal beliefs as a determinant of sin associated with select leisure activities

Steven N. Waller

The purpose of this case study was to investigate the association between religious doctrine and perceived sinful nature of 10 leisure activities identified by the congregation under study. A questionnaire was completed by 188 congregants of a predominately African American, Protestant church located in southern Ohio and results indicated a significant association between the source of belief — personal beliefs, scripture, and religious doctrine — and the belief that certain leisure pastimes are sinful. Results of the study suggest: (1) religious doctrine influences beliefs about the sanctity of leisure activities at the individual and congregational levels; (2) personal beliefs are the greatest determinant of perceived sin associated with select leisure pursuits; and (3) length of membership in a congregation influences beliefs about leisure.

Benefits of hiking: A means-end approach on the Appalachian Trail

Eddie Hill, Marni Goldenberg, and Barbara Freidt

The purpose of this research was to examine the outcomes prompting hiking along the Appalachian Trail (AT). By using means-end theory, linkages between attributes, consequences, and values of the AT hiking experience were made. The researchers conducted forty-three interviews of AT hikers. Self-fulfillment, self-reliance, fun and enjoyment of life, and warm relationships with others were some of the values that emerged. Specifically, strong links existed between hiking and exercise, exercise and health, health and fun and enjoyment of life. While this area of research on the AT is new, results of this study can be used by recreational professionals that work with the AT or other hiking trails to promote appropriate use of natural resources.

Pigskin and black belts: Can martial arts provide insight for competitive and aggressive sports like American football?

P. Brian Greenwood and Jerusha B. Greenwood

Competitive and aggressive sports provide recreational sport contexts for youth and adolescents across the globe. One of the most popular recreational sports worldwide is martial arts, a sport characterized as aggressive yet backed in the traditional form of the sport by a principled philosophy. The researchers engaged in naturalistic inquiry through full participant observation in a traditional martial arts club. The purpose of the research was to closely examine the teaching of traditional martial arts to determine whether lessons could be derived for competitive and aggressive sports like American football. Philosophical and psychological themes emerged from the research, including a counterbalanced ethic of nonviolence and restraint and achievement orientations reflective of the researchers’ sport backgrounds, respectively.

Board member compete ncy: A Q methodology approach

Amy R. Hurd, Brent A. Beggs, and Paul Fokken

The purpose of this study was to use developed competencies to examine their importance to current public parks and recreation board members. This was done using Q methodology to determine profiles of public parks and recreation board members and the perceived value they assigned to specific competencies. A principle components analysis was used to factor analyze an 11 x 11 Q sort matrix. The results indicated there are three types of board members including the participatory, community representative, and conceptual nonpolitical. These three types had similarities and differences that demonstrated a better understanding of what competencies are important for board members to function efficiently and effectively.

Dr. Susan R. Van Patten

Executive Editor, Journal of Unconventional Parks, Tourism & Recreation Research

Acting Core Curriculum Director

Associate Professor, Department of Recreation, Parks & Tourism

Radford University

PO Box 6963

Radford VA 24142

(540) 831-7644


Waivers/Releases work in Colorado: Skier collision with snowmobile dismissed


Aspen Skiing Co. was sued in Federal District Court by a guest who collided with a snowmobile in 2006. The guest had signed a release when he purchased a season pass for Aspen Skiing Co. The Denver Federal District Court dismissed the suit, (probably on a motion for summary judgment.)

The plaintiff’s attorney has stated he intends to appeal the decision.

The issues were, according to the plaintiff whether the snowmobile was traveling in a proper way and equipped and operated as required by the Colorado Skier Safety Act (CSSA). A witness reported that the “snowmobile did not have a flashing, siren-like light to warn skiers of its approach.” However the CSSA does not require a flashing light. The act only requires a lighted headlight, a red tail lamp, a brake system and a fluorescent flag.

33-44-108. Ski area operators – additional duties.
(3) All snowmobiles operated on the ski slopes or trails of a ski area shall be equipped with at least the following: One lighted headlamp, one lighted red tail lamp, a brake system maintained in operable condition, and a fluorescent flag at least forty square inches mounted at least six feet above the bottom of the tracks.

Nor is there anything in the statute about how a snowmobile will be operated.

However many ski areas, to make their snowmobiles more visible, have mounted flashing lights all over the snowmobiles. Many are also equipped with sirens that are used to notify skiers of their location. Does this change the standard of care? Maybe, but it does not change the statute. Unless and until the statute is changed, the standard of care is probably, hopefully the statute.

For other blogs about the CSSA see Another Ski Area lawsuit and 8 Year old boy sued in Colorado for ski collision

For more information about the Colorado Skier Safety Act at the Outdoor Recreation Law Review see:

Case Brief: 1986 lawsuit against Winter Park raised question – where does the ski area officially begin and end?

Colorado Skier Safety Act

For the original article see: Signed waiver protects SkiCo from collision suit


Court Dismisses Bike Racer’s Lawsuit in PA


Paralyzed bike racer’s suit against race organizer dismissed.

We wrote about this in Lawsuit filed against bicycle race organizer which has a discussion of the facts of the case.

The trial judge in this case dismissed the lawsuit because of the two releases the plaintiff had signed prior to the race. One of the releases was from USA Cycling.

The race, the Tour de ‘Toona, was not held this year because of finances and the litigation.

However this litigation is not over, the plaintiff has said they will appeal the suit.

It is a very sad situation and all parties including the judge in his 30 page opinion expressed his sympathy for the plaintiff who is now paralyzed.

See Court dismisses biker’s Tour lawsuit




Elite Running Coaches to Offer Training Talk at Boulder Running Company

Boulder, CO, USA – Internationally known running coach Bobby McGee and world champion marathoner Mark Plaatjes will host a discussion on run workouts and run training this July at Boulder Running Company. McGee and Plaatjes will discuss what road runners and triathletes can learn from each discipline’s unique approach to run training.

  • Bobby McGee and Mark Plaatjes
  • Run Workouts for Runners and Triathletes Wednesday, July 1, 7:15-8:15 pm Boulder Running Company
  • 2775 Pearl St # 103, Boulder, CO 80302
  • www.boulderrunningcompany.com, (303) 786-9255 Free event

Discussion topics will include recovery vs. frequency, quantifying runs, crosstraining, periodizing training, and developing the abiliity to surge and attack.

All too often, runners and triathletes reach a plateau in fitness because they do the same type of training, week after week. To see improvements in fitness, athletes need to vary the kinds of workouts they do. This means mixing up endurance runs with hill repeats, intervals, and track workouts.

McGee has teamed up with Plaatjes to give runners of all levels a complete collection of workouts and training plans. Run Workouts for Runners and Triathletes is the perfect tool for self-coached athletes to add variety to their training.

Run Workouts for Runners and Triathletes features 21 training plans for all the most popular race distances; 5km, 10km, half-marathon, marathon, Olympic-distance triathlon, half-Ironman, and Ironman. Each plan offers three performance levels, and McGee explains precisely how runners can determine their training paces and balance hard days with easy days.

McGee offers new takes on the workouts all runners and triathletes should practice and master. Each training plan incorporates 80 fresh and challenging workouts including endurance runs, intervals, hills, Yassos, and a variety of tests and bricks. Runners and triathletes can pepper these workouts into their own training plans. Run Workouts for Runners and Triathletes is available now in bookstores, tri and running shops, and online. Autographed copies will be available at this event through Boulder Running Company.

Bobby McGee is an internationally certified track and field coach whose athletes have produced world records, won world championships, and been consistently ranked amongst the best in their events. He coaches runners and triathletes, and has worked with USA Triathlon preparing athletes for the 2004 and 2008 Olympic games. For more information on Bobby, please visit bobbymcgee.com.

Mark Plaatjes is the 1993 Marathon Gold medal winner at the World Track and Field championships. In addition to being a world champion, Mark’s running record includes a win at the 1991 Los Angeles Marathon and a 6th place finish in the 1993 Boston marathon. Mark owns a private physical therapy practice and specializes in treating runners and athletes. He currently lives in Boulder, Colorado, and coaches recreational and elite runners.


Why do I write this blog?

As you can see I get some intense comments on my posts. I welcome them, no matter how frightening they are to read. I believe they have value because they show other readers the other side of the lives that are affected when someone is injured or hurt in the outdoor recreation industry.

I try and direct this post at the idea that you should solve the problems before they become litigation. I think it is important to see how those people affected feel. Once you understand, to a very limited extent, what family members are going through you can help.

Litigation is not a resolution for either side to an injury or fatality. See Litigation costs a lot of money and It’s Not Money.

It is very scary to read a post that starts out I am the mother or father of the child/person you post is about. That has happened twice in these pages. See Zip Line Fatality and Serious Disconnect: Why people sue. It is always a devastating state of affairs to when someone is injured. Worse when it is a son or daughter. It has been said that the worst thing to experience in life is the loss of a child.

Yet I believe these comments have value. Too often we look at accidents as disasters for us because of the possible bad PR or litigation and forget the families involved. That reaction then turns us off as humans and turns on an automated response.

We need to be human. We are human when we sell a fun and exciting trip or adventure. We are human when we watch our customers laugh or learn or explore. We are human as we serve up a mediocre dinner and laugh about it without customers who love it as fine cuisine.

I write this blog to inform, to be cynical, to educate but to also to remind you to be human.


Lawsuit filed against bicycle race organizer


It is always sad when a racer is injured, worse when one is paralyzed. For those of us who love to push the limits, it is a real mental argument whether life in wheelchair is life.

Sarah Scott filed a lawsuit against the Tour de ‘Toona, a bicycle race in Martinsburg Borough Pennsylvania. As she was rounding a 90 degree turn she “left” the highway and crashed into a ditch. She suffered several shattered vertebrae and is paralyzed from the waist down.

Prior to entering the race she had signed two different releases. The plaintiff is arguing the defendants were reckless and advertised the race as “safe.” The plaintiff claims that in past races there were at least two wrecks at the same location without incident and that hay bales should have been placed there as they were in other locations around the course.

However isn’t that argument self defeating. If there had been other crashes without injury at a location, why would additional protection be needed?

The plaintiff’s lawyer stated “You can’t assume [a risk] that you can’t see,” which in most states is not true. As long as you know that there may be a ditch, or other problem and you continue the activity, you know and understand, you assume the risks.

The article states that there was a lot of emotion in the case. I suspect that this is very true. It is difficult to look at someone in a wheel chair. However the article also states the plaintiff wanted to move up in the cycling world. Between two releases that were signed, if properly written and a knowledgeable racer cycling in a race it is difficult to believe the case should not be dismissed.

Even if dismissed, it will be appealed. There is too much money at stake.

See Tour de ‘Toona seeks lawsuit dismissal.

For additional Rec-Law blogs on the subject of bicycle racing or tours see Maybe a little premature on a post: RAGBRAI, and Cyclists suing over hole in bike path

For more cases on bicycle racing see Case Brief: NORBA release saves event operators when race release was lost, Case Brief: Kansas court finds for defendant in bicycle race lawsuit, Case Brief: Death during mountain bike race sparks lawsuit over failure to follow standards and checklists, Case Brief: City of New Orleans and Dog Owner not Responsible for Injured Cyclist, and Jurisdiction can affect the potential outcome of a case.


Grand Canyon Outfitter looking for Hiking Guides

Angel’s Gate Tours

We have an immediate opening for a professional guide to lead sightseeing tours, day hikes and the occasional backpacking trip in Grand Canyon. Please contact us if you meet the following requirements:

+ Minimum WFR certified, with CPR. Higher medical certs OK.
+ Good driving record.
+ Must be able to pass Arizona DOT physical. Basic Motor Skills.
+ Outstanding Grand Canyon knowledge.
+ Hiking experience on all South Rim trails.

AGI is an EOE. If you meet the above qualifications please email a resume to job@grandcanyonhikingguide.com

http://www.angelsgatetours.com/


A New MA law will make every Outfitter’s life a pain

A new Massachusetts Data Security Law is causing a firestorm across the business world as it applies to any company that gathers information about ANY Massachusetts resident, no matter where the company is located.

The law requires companies to take measures to protect consumer data, evaluate possible risks to their stores of personal data and create a detailed plan for keeping that data safe.

Businesses in Massachusetts are fighting the law tooth and nail as it will require them to take a number of steps to fall into compliance. What many businesses around the country don’t know is that they will also be liable to protect the data of their Massachusetts customers.

The law is a hot-button topic in Massachusetts and its spread will ignite a similar firestorm around the nation.

I can put you in touch with an identity theft protection expert from Identity Theft 911 who can offer your audience a more detailed look at the major components of the new law and surrounding issues at length.


$4.7 million dollar verdict in climbing wall case against Alpine Towers in South Carolina Court

Expert witnesses appear to be the reason the jury found for plaintiff; who are they?

Numerous reports are available online about a jury decision in a South Carolina case awarding $4.7 million to a paralyzed man who fell while climbing. The facts, as reported, state the man fell after his belayer failed to catch him. The belayer lost her grip on the rope and the plaintiff fell 20 feet to the floor shattering a vertebrae.

The family after the verdict stated they hope the verdict would “lead to improved safety conditions at similar climbing walls across the country.” Post verdict it is difficult to determine if this was a pre litigation sentiment, but it is always interesting to hear a plaintiff voice a reason for suing other than money.

The plaintiff:

“cited faulty design, saying the belay equipment lacked an automatic locking device that could have prevented Keeter’s [plaintiff] fall. The suit also said Alpine did not adequately train Fort Mill High School faculty members.”

“You don’t put kids in a position where their lives literally hang in the balance based on the attentiveness of other kids,” Harpootlian [plaintiff’s attorney] said Friday. “That is what our experts hammered.”

Negligent design and/or construction and negligent training of the staff by the defendant appear to be the claims the plaintiff succeeded in proving. Negligent design and/or construction in this case is going to have major affects if all climbing walls are supposed to use auto locking belay devices. The reason is auto locking belay devices have people problems also. I have never heard or found a case where an auto locking belay device failed, however I know of dozens of situations and several suits where the belayer used the auto locking belay device improperly.

Negligent instruction is always available when the people trained want to pass the buck or in an effort to CYA act dumb. Besides, memories fails. Here again, this will just lead to more paperwork as climbing wall builders attempt to prove they trained adequately by leaving behind documents.

See Verdict brings ‘closure’ for student hurt in climbing wall fall.

This case if better facts come out could have a major effect on the climbing wall industry and challenge course industry.

I’ve also been told by several people that it was an Alpine Tower’s Tower, not a climbing wall but a tower.

For other blogs about climbing wall cases see: UK court holds climber 75% responsible for his injuries, Child falls on auto belay at climbing wall, Update on climbing wall accident at Wood River YMCA Climbing Wall, Climbing accident at Ketchum Idaho indoor Climbing Wall and Student suing school district for climbing wall injury.

For Law Review Articles about climbing wall cases see: Warning labels found to be inadequate in climbing harness that was improperly clipped in, Case Brief: Climber’s Suit Against Belayer Denied and Update on Releases: Climbing walls and health clubs.


Patagonia Mountaineering School Needs a Full Time Manager

So, the time has come. We’ve gotten bigger and it’s time to hire a full time manager. 

We’re looking for someone (or a couple), full time, year round, to help run our mountaineering school. You’d spend most of the year in Chile, and part of the year in Alaska. 

Ideally, you can speak both Spanish (pretty fluently) and English (very fluently), but we’d be willing to speak to someone with a knack for learning languages, who is willing to learn Spanish. 

You need to be very computer literate. And by this, I don’t just mean that you can type and use excel (these are minimums in the 21st century). We’re looking for someone who is familiar with the internet and how it can be leveraged for a small business.  Social networking (Facebook, twitter), search (Google, bing), and paid search (adwords) are all important components of our business, and we would like someone who is familiar with most or all of these from a business prospective.  Programming experience (html, php, or Dreamweaver) is helpful, but not necessary.

You’ll also be responsible for our basecamp, client relations, and numerous other responsibilities.

If you (or someone you know) may be interested, please see our full job description/application form at www.mountainguideschool.com/docs/manager.pdf

Thanks a ton and we hope to hear from you soon.

Kind regards,

Ben and Jaya


2nd Annual Outdoor Leadership Research Symposium (OLRS)

CALL FOR ABSTRACTS

for the

2nd Annual Outdoor Leadership Research Symposium (OLRS)

at the

2010 National Conference on Outdoor Leadership

 

Estes Park, Colorado

February 17-20, 2010

 

Submissions to the 2nd annual Outdoor Leadership Research Symposium (OLRS) are now being accepted. OLRS is intended to provide a forum for practitioners and scholars to share recent and on-going research related to outdoor leadership. The symposium is being held in conjunction with the National Conference on Outdoor Leadership, sponsored annually by the Wilderness Education Association (WEA). The goal of this symposium is to help promote the development of evidence-based practice in the field of outdoor leadership. Submissions will be blind peer-reviewed and judged according to their relevance to the field of outdoor leadership as well as the basic quality of the research conducted. Presenters will have 15 minutes to present their research, followed by five minutes of questions. Accepted abstracts will be published in a special issue of the Journal of Outdoor Recreation, Education, and Leadership (JOREL). (For more information on JOREL please see www.ejorel.com)

 

Eligibility of proposals:

  1. Only studies that have not been previously published or presented should be submitted.
  2. Only studies that are completed or near completion should be submitted. A full report of findings and conclusions are expected at the presentation and in the published abstract.
  3. Authors of accepted proposals must register for the conference by the early registration deadline. Any presenter who fails to do so will be dropped from the research symposium. Please do not submit an abstract unless you are committed to attending the symposium.
  4. Abstracts must be submitted no later than November 1, 2009. Authors will be notified by December 15, 2009 regarding the status of their submissions. Authors must submit revised abstracts by January 15, 2010 for inclusion in a book of abstracts to be distributed at the symposium.

 

Submission guidelines:

  1. Abstracts should be no more than two pages in length, using Times New Roman 12 point font, one inch margins (top, bottom, and sides), and single spacing.
  2. Abstracts should follow standard formatting for journal articles: Background (which includes the introduction, review of literature, and statement of hypotheses/research questions), Methods (which includes a description of site, sample, instrument, procedures, and analysis), Results, Discussion, and References (which may be listed on a third page). Conceptual articles may use alternative headings.
  3. Abstracts should be written and formatted according to the guidelines of the APA Publication Manual (5th Edition).
  4. A cover page should be included providing the following information: abstract title, names and affiliations of all authors, and contact information (including phone, fax, and email) of the principal author.
  5. Documents should be saved in Microsoft Word format.
  6. Abstracts that do not adhere to these guidelines may be rejected without further review.
  7. Abstracts should be submitted to Bruce Martin at martinc2@ohio.edu by November 1, 2009. “2010 OLRS Abstract” should be written in the subject heading.

 

Questions regarding the Outdoor Leadership Research Symposium should be addressed to the symposium co-chairs: Bruce Martin at martinc2@ohio.edu or 740-593-4647; or, Marni Goldenberg at mgoldenb@calpoly.edu or 805-756-7627.


Change

Change is a constant. That about sums up my knowledge on this ball circling the sun. As it nears the end of another rotation for me (my birthday) I am thinking about change. I hope I am doing OK on the issue of change. I find myself skipping a lot of instructions for some things and just reading what I want to learn, rather than learning everything the new gadget does. I attribute that to time, not a resistance to change. I hope I am right.

What I see in my friends and family that are older and a few younger, is a resistance to change. That frustrates me as I attempt to help them. I have a friend whose business is going under, to some extent because they never adopted new business techniques. Their argument is email is not personal and a phone call is. I’ve never considered a phone call personal, at best an annoyance. Worst, I never get this client on the phone for days; they are always on the phone talking and are always days behind. They might consider email or texting or whatever to be impersonal, but it is a lot better than voicemail.

Change is important in your business. Not just the changes in the law I write about all the time here, but change in what you and your business need to do. Change in your customers. Can you expect them to come to the same section of whitewater year after year after year and not get bored? Change is needed for all of us, you, your business and your customers.

Resistance to change is also a major problem in a business. If you don’t look at changing and evolving and moving on, you will slip behind. I have a great client who from day one was working on his exit plan. He is working at putting that plan into place and doing so many years before either of us expected. He embraces and looks forward to change. He sees change as opportunity, not as something to fear.

Before law school I sold insurance. Every time we had a rate increase the insurance salesman would groan. We would lose customers as they went looking for cheaper automobile insurance. One agent always smiled. I asked him why and he said more money. We were paid a commission of 15% of the automobile insurance premium and any increase was more money in our pocket. That is called looking forward to change.

However what bothers me is the possibility that I may become resistant to change. That I get stuck in a world or a time and due to whatever reason refuse to keep moving forward, thus sliding backward. I am writing this as a reminder for me as well as you. I hope someone reminds me to read it. I am also writing this for my friends and my nieces and nephews. I think my nieces and nephews will end up being in charge of the issue of change. When I refuse to, it is time for the home basically. If I can’t embrace, not just accept and enjoy change it is over.

So nieces and nephews I want you to tell me about the latest and greatest. Whether music that I can’t understand the lyrics or gadgets or technology, it is your job to kick me in the butt and make me stay up with change. It will be your job to remind me to change. To accept change, to embrace, and to love change. To laugh at me when I refuse to change and to love me when I don’t want to change…as you shove my wheelchair over the cliff.


Ortovox CheckandRide

I have an Ortovox
CheckandRide. I’ve spent hours looking at it trying to “figure it out.” Like a lot of life, why it is a valuable piece of winter backcountry equipment and how it works was a lot easier to understand when I quit working to understand it and just started to use it.

The CheckandRide is a cylinder. The cylinder has different sections that twist or rotate. By following the components starting at the first one you spin the risk factors for an avalanche for the day and terrain you are getting ready to hike or ride. At the end by scanning the entire cylinder you have a good idea of the risk, for that day, sort of.

When I would work my way through the cylinder I kept waiting for it to say, go or don’t go or give me a reading on a scale, 1 is low risk 5 means you are going to die. It doesn’t do that. Day after day I worked the CheckandRide and did not get an answer.

But the CheckandRide works beautifully! It works in two ways. First to make the Ortovox
CheckandRide work it makes you check all of the factors to determine if you are going into Avalanche terrain. It needs information and you have to find the information for that day and that trip. It is a checklist that makes you check every factor. How often have you gone to terrain that you have hiked and ridden in the past, looked it over and made a mental decision based on past experience and what things “look like” today? The CheckandRide makes you look at all of the factors every time you go out, not just making a guess based on the last trip, a sunny day and desire.

The second way is the CheckandRide does give you a final evaluation. By using the CheckandRide, when you are done you know whether you should go or not go. It makes you think about every factor and makes you understand what you are doing so you know what you need to know. You can’t gauge an avalanche based on a scale. You need to factor in several other things. What is your risk scale? How much risk are you willing to take on? What about your friends you are riding with that day? Or maybe you are riding alone that day? All of that has to be factored into your day and the CheckandRide makes you do that.

I attached the Ortovox
CheckandRide to my ski pack with a small carabiner in a way that makes it swing and rattle when I grab the pack. Right away I’m reminded to work through every factor. It continues to rattle and thunk on things until I take it off and work through the eleven risk until I know where I am going and what I am getting into. The Ortovox
CheckandRide will safe your life because you have to understand the risk factors of your trip. The CheckandRide makes you find them before you go out the door.

Thanks Ortovox.