Lawsuit against Colorado Ski Resort Continues

I talked about a suit against Ski Sunlight in an earlier post Another Ski Area lawsuit. The Glenwood Springs Post Independent is reporting in Attorney asks for more time in Sunlight Mountain Resort lawsuit that the case continues. The attorney representing the plaintiff is asking for a second 90 day extension on filing expert witness reports.

Expert witness reports are the written findings of the experts hired by the plaintiffs to give opinions as to what was done wrong by the defendant. The defendant will also hire experts to counter those opinions.

Probably, possibly, the plaintiff is having a hard time finding an expert that is willing to say the ski resort did anything wrong.


Death we have commented on allegedly has a $14 million verdict

We reported in Lawsuit for Summer Camp Drowning that a family was suing a camp over the death of their young son. It has been reported by one source that a jury has returned a verdict against the camp for $14 million dollars. See Family gets $14 million in drowning. An announcement has not been made in the case because a gag order is in effect and the punitive damages face of the case is ongoing.

In some jurisdictions punitive damages are done post initial verdict. Punitive damages are damages awarded to punish the defendant or to warn other defendants not to engage in the same type of activities. Punitive damages are not dischargeable in bankruptcy and are usually not covered by insurance.

It is being reported that some defendants acted with “malice, oppression and fraud…” which gives rise to the punitive damages. It is also an indication that something other than a simple drowning was involved in this case.


Sea to Summit eVent® Compression Dry Sacks

When things don’t just go right, means perfect product testing time; In this case a march Grand Canyon raft trip. (See Thank Heaven for SD last week) March, high in the 80’s low in 50’s from obviously a broken thermometer. In 18 days we never saw 80’s and some days we barely saw the 50’s. It rained and it snowed on my sandaled toes. But that is great weather for testing product.

I took three Sea to Summit
eVent® Compression Dry Sacks with me. These stuff sacks are extremely light weight, 5.9 oz for a large one and they work. I took a large Sierra Designs® Wild Bill 200 Extra Long sleeping bag (Which is another story!) and put it in a large Dry Sack. The sack worked. It compressed the bag down to a small size (8″ x 9″ round), easily and kept the bag from getting wet.

But that is not the real test. I also put a wet tent into a medium stuff sack. Five days later I used the tent again and I pulled it out of the stuff sack dry. No mildew no water a dry tent. The eVent® compression sack had compressed the tent to a small bag, and allowed the water vapor to escape.

Stuff sack looks like any other stuff sack till you look at the opening. Instead of a drawstring there is a roll down closure to seal water out. The eVent bottom allows air to escape as the bag is compressed.

Features of the eVent® Stuff Sack from the website are:

  • Unique compression idea – allows air to be pushed out to compress, but water can’t get in because of the waterproof, air permeable eVent® fabric base
  • Rugged 100 D nylon body & lid
  • Waterproof seams – double stitched and tape sealed
  • Roll top Hypalon™ closure with lid and 4 straps evenly compresses and maintains compressed size
  • Reinforced stitching on all stress points
  • Pull handle on the bottom
  • Super compact and very light

Thanks Sea to Summit


Great Articles in the latest WMS Journal

The Wilderness Medical Society puts out a Journal called Wilderness and Environmental Medicine. Most times it is hard to read unless you have a medical background. All the time it is full of great information for those of us running around in the outdoors. The latest issue Volume 20 Number 1, 2009 is unbelievable good for practitioners. Samples of the articles in this issue are:

Grand Canyon Water Analysis: An Article Titled An Analysis of Water Quality in the Colorado River, 2003-04; An Investigation Into Recurring Outbreaks of Nororvirus Among Rafters. Norovirus is a major problem in the grand. No one has any real idea of what or how, but this article gives some good ideas on both. More importantly the article points out some ways to deal with the virus if a member of your party gets it.

Chemical Hand Warmers: Comparison of Commercially Available Disposable Chemical Hand and Foot Warmers. I love it when science meets hype.

Ankle Fractures: Field Management of Displaced Ankle Fractures: Techniques for Successful Reduction.****

Avalanche Burial: The Snow Snorkel: A Proof of Concept Study. Sort of a cheap Avalung® meets reality issue.

Altitude Illness: Ginkgo biloba Does – and Does Not – Prevent Acute Mountain Sickness. Ginkgo biloba has been touted as the natural alternative to Diamox®. This study does a good job of setting the facts straight.

Altitude Illness II: Ankle
Brachial Index on Kilimanjaro: Lessons from High Altitude. Interesting study of checking the brachial arteries in your foot for problems.

The information is only available if you are a member of the WMS, however this volume alone would pay for itself if you are running an outdoor program near poisonous snakes (study on this too), at altitude, avalanche areas or …well you get the idea.

However this does bring up an interesting issue. The article on reducing ankle fractures could lead to problems. If you are a commercial guide the liability is one thing. If you are a Good Samaritan this is above and beyond your training, unless you are a physician and therefore not covered.


Position available as Risk Manger at East Coast Resorts

Come join the Peak Resorts Family as our Eastern Resorts Risk Manager.

Peak Resorts is known as an innovator and a technological leader in the ski resort industry. Help us continue to promote a culture of safety for our staff and guests at our four eastern resorts, Mount Snow, Attitash, Crotched Mountain and Jack Frost Big Boulder. You will manage and coordinate the workers’ compensation program including managing claims and identifying loss control measures that could prevent or reduce frequency/severity of claims. You will minimize risk exposures for guests and employees through communication, education and training.  You will chair the safety committee and develop or improve policies and procedures. Qualifications include a minimum five years of safety/risk management experience, general liability knowledge, incident investigation experience, knowledge of OSHA regulations, workers’ compensation and excellent ski/snowboard ability. A degree in a related field, significant professional training and experience is preferred. Excellent communication and consensus-building skills are necessary.  Requires significant travel, excellent time-management skills and detail focus. Requires an ability and willingness to perform various jobs indoors and outdoors requiring various levels of physical ability, including strenuous work on-mountain in harsh conditions. Proficiency in Word, Excel and PowerPoint necessary. EMT/CPR/First Aid certification desirable. Apply online at www.Mountsnow.com (Employment Section). Peak Resorts values a diverse workforce and is an equal opportunity employer.


CALL FOR ABSTRACTS

CALL FOR ABSTRACTS

2009 AORE RESEARCH SYMPOSIUM – 5th Anniversary

At the 23rd Annual

Association of Outdoor Recreation and Education Conference

Minneapolis, MN, November 5-7, 2009

ABSTRACTS DUE: Monday, May 4, 2009 to Raymond Poff at raymond.poff@wku.edu

Abstracts are now being accepted for the 2009 AORE Research Symposium, the 5th anniversary of the event. The symposium provides an international forum for scholarly exchange relevant to outdoor recreation, education, and leadership. Abstracts should present quantitative and/or qualitative research findings -or- conceptual/theoretical discussions pertaining to outdoor recreation, education, or leadership techniques and methods; outdoor recreation behavior; or advances in research methods. Applied and theoretical submissions are encouraged. Research studies to be completed by September 1, 2009 or scholarly discussions may be submitted. Only data that have not been previously published or presented at another professional conference should be submitted. Papers are presented either as formal paper presentations or as posters. All abstracts receive the same blind review without consideration of presentation format. Abstracts for both types of presentations are included in the “Conference Proceedings and Research Symposium Abstracts.” Questions regarding the Research Symposium should be addressed to Raymond Poff at raymond.poff@wku.edu or (270) 745-2498. Student attendance and submissions are strongly encouraged.

ABSTRACTS SHOULD BE SUBMITTED VIA E-MAIL AS A MICROSOFT WORD FILE (.DOC) IN THE FOLLOWING FORMAT:

Cover Sheet: This page precedes the 1-2 page abstract and should include:

1. Title of the abstract.

2. Principal author’s name, degree, institutional or organizational affiliation, mailing address, phone number, e-mail address, and summer contact information (June 1st to Aug. 31), if different from above. It is assumed that, unless otherwise specified, this person will make the presentation if the abstract is accepted.

3. Full name, degree, and institutional or organizational affiliation of all co-authors.

4. The author’s preference for presentation format. Indicate one of the following: (a) poster only; (b) prefer poster but would do formal presentation; (c) prefer formal presentation, but would do poster; (d) formal presentation only. Note: Reviewers are not aware of the stated presentation preference. This information, in conjunction with time and space limitations, is used by the symposium chair when establishing the final schedule.

Abstract:

1. Two pages maximum including all discussion, tables, and figures. Abstracts exceeding this page limit may not be reviewed. A reference list is required if citing sources and may extend onto a third page if necessary. References should follow APA 5th edition guidelines.

2. Use 12-point font and one-inch margins on sides, top and bottom of 8 1/2″ by 11″ page with single spaced lines.

3. Abstracts should have a clear title above the first line of text, with no information about the author(s).

4. Use appropriate subheadings. Abstracts reporting empirical studies should contain subheadings identifying an introduction, methods, results, and discussion with a component addressing implications pertinent to the profession. Abstracts reporting conceptual and theoretical discussions should also have an effective set of subheadings.

INFORMATION FOR INDIVIDUALS WHO HAVE ABSTRACTS ACCEPTED:

1. Following the blind peer review, the symposium chair will make final decisions about acceptance, but typically adhere to the recommendations of the reviewers. Abstracts may also be rejected due to time and space limitations, ineffective development of the 2-page abstract, or weaknesses in the study itself.

2. All individuals who submit an abstract will be notified via e-mail of acceptance/rejection by June 30th. Authors whose presentations are accepted must submit a revised abstract (pending reviewer comments) via e-mail by Aug 3rd.

3. Presenters must register for the Conference of the Association of Outdoor Recreation and Education; registration information will be posted on the AORE website, www.aore.org. Please note: all expenses associated with attending and presenting are the responsibility of the presenter(s). AORE does not provide funding to presenters.

4. AORE reserves the right to reproduce and distribute abstracts of all presentations in a conference proceedings publication. AORE does not preclude subsequent publication of the presentation (same version or an extended version) by the author(s) in a journal or other publication.

  1. You will be notified of the date and time of your presentation after the full conference schedule has been established. Typically, formal presentations are allotted 15 minutes, followed by 5 minutes for discussion. The poster session will be scheduled for about two hours. Poster preparation guidelines will be distributed to authors.

Associate Professor, Recreation Administration
Executive Director, WKU American Humanics (Nonprofit Administration)

Managing Editor, Journal of Outdoor Recreation, Education, and Leadership (www.ejorel.com)

Dept. of Physical Education and Recreation
Western Kentucky University
1906 College Heights Blvd #21090
Bowling Green, KY 42101-1090
Phone (270) 745-2498 Fax (270) 745-3592


Thank Heaven for SD

I own two Sierra Designs Tents and three Sierra Designs Sleeping bags. One of the tents and two of the bags are over fifteen years old. The tent was just used in April, 2009 and the older sleeping bags in June of 08. But that is not the story. The story is a new bag I got to review. Sierra Designs
Wild Bill 200 Extra Long sleeping bag. Thank heaven for my Sierra Designs
Wild Bill 200 Extra Long sleeping bag!

I was on a March-April Grand Canyon River trip. That time of year historically in the canyon the highs are in the 80’s and lows in the 50’s. On this trip the 80’s were never seen and the fifties were a rare sunny day. During the day you are rowing an 18′ boat so keeping warm is not hard. At night things were different.

Three of the nights fronts came through, three mornings we had snow less than a thousand feet above us. It was also windy. So windy that some tents had several inches of sand in them in the morning even after being buttoned up tightly all night. I slept in the open all except one rainy night, when I used my 15 year old Sierra Designs Tiros Pro. (A fifteen year old tent that has done more than ten Grand Canyon River trips, 2 trips to South America, and lots of stuff in between.) All other nights as usually I throw down my Jack’s Plastic Welding Pack Pad (Silverback, I am decadent) and throw down a sleeping bag. As I said earlier, thank heaven for Sierra Designs
Wild Bill 200 Extra Long sleeping bag. One night I finally put on a bivy sack because it was so windy. But light rain, sleet, snow and wind did not keep me from staying comfortable and warm. And no sand came through the bag or the zipper.

And it fit. I’m big and the extra long bag had plenty of room. I could pull me knees up (if the boat was rocking to keep me from rolling off) with plenty of room. The hood covered me up as much or as little as I wanted and on many nights included my full size pillow. (I told you I was decadent.) At the same time I was able to fit it easily into a large stuff sack which squashed it down to an 8″ by 9″ sack.

What a great sleeping bag. I got to looking forward to going to bed at night. As the evenings grew chilly I knew I could be nice and warm in a few minutes. The Snag Free Zipper Tracks worked great. I tried several times to zip up the inner liner of the bag in the zipper with no success. The bag was a left hand zip and I’ve never used one before. For a few nights getting out of the bag was an exercise in route finding and zipper control (or mind control). But not matter what I did the zipper worked easily.

Not sure what the liner was but it did not make you shiver when your skin touched it and it did not crinkle and wake you up when the boat moved. Some nights I was in and out of the bag 3-4 times as I checked on boats and each time the bag was wonderful to crawl back into as well as easy.

Thanks Sierra Designs.


At least three bills are moving through Florida Legislature to allow a Parent to Sign away a Minor’s right to sue.

The Florida Supreme Court struck down a parent’s right to sign away a minor’s right to sue in Kirton vs. Fields, No. SC07-1739, No. SC07-1741, No. SC07-1742 (FL 2008). For an analysis of the decision See Florida follows majority in not allowing a parent to sign a release for a minor.

If you have a business or operate in Florida you should be become a supporter of the bill that helps you and every other recreation provider in Florida. Several of the bills are only for the motorsports industry, where the original lawsuit came from. So you need to make sure you are jumping on the right bandwagon.

As a major tourist state, Florida recreation and tourism providers will see an increase in their insurance costs when litigation for injuries caused by minors starts to increase because of the decision.

See Florida Panel Advances Bill to Restore Parental Liability Waivers for Kids and Let parents say what’s safe, theme parks urge.


Maybe a little premature on a post: RAGBRAI

In a past post Good News for RAGBRAI cyclists we reviewed articles stating that the legal issues for this bicycle tour had been resolved. However I found a recent article that states several Iowa Counties are still attempting to make bike tours illegal. See Efforts to make bike rides illegal continue in Iowa. (I guess you should not make old Iowa county commissioners mad. Besides those new fangled inventions should not be allowed on our county roads they interfere with our tractors!)

Don’t get me wrong. I think that RABGRAI should have had cyclists sign a better release that protected the counties, the state, other riders and anyone else who might be affected by the ride. At the same time, the county that was sued folded fairly easily and settled the suit without fighting it.

The associations of counties are trying to get a law passed that says rides must have $1 million in insurance and a mess of other regulations. What I love is this statement “Funeral processions, motorcycle poker runs, and tractorcade were not addressed in the ordinance.” Tractorcade’s are a problem!

See Efforts to make bike rides illegal continue in Iowa.


Off Topic – But you need to know about it.

This is a video which shows a recording of the TSA violating a US citizen’s rights. Pretty sad. Worse is I have heard plenty of stories similar to this, one here in Denver.

http://www.youtube.com/watch?v=XMB6L487LHM&feature=player_embedded

The end get’s pretty right wing, but still it is interesting.


Fundamental Problem between Attorneys and Clients

A fundamental problem always exists between attorneys and their clients. When I ask a client what my job is, their answer is to “keep them out of trouble.” However the answer is always given after the problem has all ready occurred. The client is in front of you, subpoena or summons in hand (or behind a glass partition on a phone) looking for help. Whether the client admits it or not, they are all ready in trouble.

First let’s look at the answer. Rarely if ever can one human being influence another to the point that they change their way of acting. You staying out of trouble, even in this intensely legal world is your job. I cannot do that. That requires you, to make a decision contrary to the one you are inclined or trained to make. To deal with the person properly or to not do something that creates a problem.

Frequency of course is always another issue. If you are frequently in trouble then the changes you need to make in your life or your business (which for most small businesses is one and the same) are drastic. It can be as simple as repairing or replacing a problem, however more likely than not it is changing the way your deal with customers in the outdoor recreation & fitness industries. See It’s Not Money.

Subsequently, if staying out of trouble is your job, it is my job to answer your questions to assist you in making the right decisions to “stay out of trouble.” Those questions, to be answered must be asked and must be asked prior to “trouble.”

But let’s get back to the answer to the question. The answer is plain wrong. Both for the reasoning behind why it was given and in the belief about what I, an attorney can do.

As I stated above, you are in charge of your life. Any client who comes in and denies any, if not most of the responsibility for litigation after working with me for a while is looking for a new attorney most times. This is not to say that you are at fault, this is just stating that no one is blameless. Every accident and consequently every lawsuit is the culmination of a series of events. Statistically speaking, in that series of events, you did something wrong. Reality says you might have done a lot of stuff wrong. The legal issue is: did you do something that rises to the level of a legal wrong?” Maybe though you should ask the question “did you do something that is morally or ethically wrong?” Granted you may think it is a stretch for an attorney to talk ethics and morals, but the law is just a culmination of the ethics and morals of society.

Contrary to popular belief and our joke culture, anytime the issue of breaking a moral or ethical rule has arisen in a conversation with me it has always been brought up by a client. I suspect most attorneys would agree with this. Those of you who disagree probably did not like the answer you were given.

However, I am not a judge, I am an advocate. My job is not to judge you, but to help you understand the problem and then assist you in solving the problem. Rarely, in fact never am I working alone to solve a problem. We are a team. You have the issues and the ability to implement change and I have legal knowledge and reasoning. Together we come up with a plan to solve the problem.

Now we are back to timing. When? If after you are in jail (I don’t do criminal work) or have been sued by someone then the team was probably formed a little too late. The team works best with no stress and looking at all aspects of the issues and possible problems. A good client/attorney team starts working together to fulfill the answer to the question way before it needs to be asked; “to keep you out of trouble.” That of course means we are working before the summons or subpoena arrives.

The reality is the answer is always given after the client is in a lot of trouble. This in turn creates another problem. I cannot turn back time or change history (other than my own version of my skiing and mountaineering accomplishments from long ago.)


Spring is here.


Spring is here in the Rockies. You can always tell; there are only a couple of ski areas still open and the first motor home of the season is slowly grinding its way up the mountains. At this time the marketing of the winter starts to turn into equipment cleaning and employee training for the summer. Spring is also the time when decisions start to be made.

The decisions involve how your summer recreation business is going to operate for the season. Those decisions always involve a balancing: cost versus benefit. Many times those decisions have an impact or are impacted by risk management and insurance issues. In those situations, your attorney and insurance company can provide you with advice, although only your attorney’s advice is going to be conflict free.

As a lawyer, it is my job to provide you with information from purely a legal position so you can make those decisions. It is not my job or any attorney’s job, to make those decisions for you. The information an attorney provides to his client is always at one end of the operational spectrum; the perfect, no lawsuit end. An attorney can’t give you answers that would put you in a position where you may be sued. We can only give you the best advice we have. You can ask about any middle ground, we will answer your questions if possible and direct you back to safe, lawsuit free side of the balance.

An attorney can tell you his or her best guess on what would happen if you did not operate at the highest level of operations. However, that is scary for an attorney. Yet, we know that you must balance that decision between no lawsuits and a profitable operation. Sometimes, you must run your business knowing that someone may be injured and someone make file a claim.

At that point you must always make 3 steps in your risk management process. (1) You must deal with any accident appropriately. (2) You must follow your risk management plan. (3) And you must hope your release and/or other documentation will keep the incident from becoming a problem.

There are three areas that are always at issue for every business that each has an effect on risk management.

Employee Training: All too often employee training is cut back or eliminated in an effort to save money. It costs money to train employees; it costs more money to have employees not making you money. However employee training is critical in all aspects of your business. Well trained employees are less likely to develop or create a risk management problem. Well trained employees handle problems better and with less friction if a problem does arise. Well trained employees require less management, and well trained employees look good in accident reports and you look better if they are on the witness stand.

Equipment Maintenance: There is nothing worse than having equipment fail, except having the failure be the cause of an accident. Equipment maintenance is must do on your spring checklist. Start with equipment that would be termed safety equipment. Lifejackets, climbing ropes, harnesses, tack, helmets and any other equipment that would be classified by someone as necessary for the safety of the activity. There is no defense to a claim that you allowed guests to participate in your program with unsafe equipment that is required to keep the guests safe. Follow up with each piece of equipment. It might be a great time to create an equipment maintenance plan to track equipment, equipment failure, repair and replacement.

Vehicles: Automobile claims and the ensuing claims check are part of US society. I worked for an insurance company who automatically mailed anyone in an accident $500 if they said they were “shook up.” Combine that with the state and federal laws dealing with transporting people and a vehicle that does not meet safety requirements is a big check waiting to be mailed. Make sure the vehicle not only runs, but stops, and meets all state and federal (if necessary) safety requirements. Take this opportunity to clean your vehicles. Customers appreciate a clean ride to and from the activity. Here again, this may be the time to develop a vehicle maintenance plan in conjunction with a professional to track equipment, equipment failure, repair and replacement.

There are thousands of ways to spend your money and you are constantly balancing how that money is spent. In the past there was a tendency to rely on insurance to balance the safety end of the business and risk management plan; accident occurs call the claims number. However as shown by the last 2 years, insurance premiums can skyrocket, even if claims do not, and worse insurance policies can just disappear from the marketplace. For several industries the last 24 months was not one of paying more for insurance but desperately trying to find any insurance policy. The cost of an insurance policy is affected by dozens of factors, your claims history is one of those factors, the more that you can do to keep your claims from happening and from becoming a check will help to keep those costs from rising quickly.

Your insurance budget used to be large, but not the 2000 pound eating machine it has recently become. That balancing act now requires a larger commitment to spending more money to try and keep the eating machine from eating more, blowing your budget past the breaking point.

These decisions cannot be made by your attorney. Those decisions are made in consultation with your attorney to make the decisions based on all of the factors for your business. Your attorney does understand those issues and hates giving you advice that requires you to walk a thin or gray line between profitability and bankruptcy, but that is your attorney’s job. Your job is to take the information and based on your parameters and your budget to use it as best you can.

Have a great season.


Great article dealing with a fatality at a fitness center or anywhere else

Fitness Management online has a great article Sudden Death at Fitness Center that everyone in the fitness or recreation industry should read. The article reinforces several things I have personally experienced and have preached for years.

After the tragedy, the only support he received from the company was a phone call from the corporate office saying, “You can take the rest of the day off.” The next day, it was business as usual. He is still traumatized from these events, and suffers from regular panic attacks.”

How many of your operations employ 20 year olds, either as boatman, front desk personal or trainers? How often in the United States do we deal with death? Never! Bodies are whisked away, packaged and prepared now days. Think about the trauma your employees are going to have if they have to deal with someone dying. You better start now in preparing your employees for this and in preparing for a post incident program.

“In addition to this employee, think about the other members who witnessed the event. Aside from the obvious shock of a member dying in the facility, how did the other members view the fitness staff?”

What about the other people who witness or participate in the incident. How many of them have actually dealt with a death. What are they going to think of you when the incident is over? Why does that matter, because a bystander always has another name, which is called a witness in a trial. Are those people going to testify for you or against you? Are they going to say you did everything you could, that you were prepared, that you handled the situation correctly?

“Training scenarios for your staff members should include situations where a rescue is not successful.”Practicing how you handle a tragedy like this will give you a reference point for the future in how you respond in supporting your team, and how you face and answer difficult questions from members,” says Streich. “This is not a movie or TV show. The victim does not always survive.” “

This is awesome. Training for a situation where the participant or guest does not survive. The article states most people don’t survive CPR or the problems that prompts the need for CPR. Have you prepared your staff, yourself and your program to deal with that? Brilliant!

“Even if the victim survives, there are still emotions left to deal with.”After an event like this, it is natural for the first responders to feel some degree of guilt,” Kennedy explains. “Some may have recalled their initial hesitation, panic and feeling of helplessness. They will ask themselves questions: ‘Could I have done more?’ ‘Did I do anything wrong?’ All of these types of questions surface.””

I worked at a ski resort. Immediately after a fatality or a life changing incident a CISD (Critical Incident Stress Debriefing) session was scheduled and held. I was amazed at several things. The first was who showed up at some of them. It is amazing how many people are actually on the scene that you will never see in the middle of the incident. The second was how much better I felt afterwards.

At the opposite extreme, after performing CPR on the victim of a tornado in Salt Lake City twelve years ago I asked a police officer and then a fireman if there was a CISD program in Salt Lake. Both said no. Piling on was the feeling I got. I knew this was going to be a mess to deal with and worse I had no outlet for dealing with it. Thankfully I was able to find some knowledgeable people to talk to about the issues.

Everyone who reads this blog should read this article!


Update on Ohio University Lawsuit

We reported earlier in a post Lawsuit against university outdoor program about a student in a university outdoor recreation degree program was badly burned in an outdoor program.

The college paper, the Ohio University Post is reporting in Burn victim asks $3.2 million in lawsuit against OU that the suit is continuing and the victim is asking for a lot of money.

The pictures associated with the article are pretty grotesque. So might be blaming the University for your Injuries in this case. This is a very sad situation, but it is not one where the control was in anyone’s hands except the individual who was injured.


Alyeska ski resort now billing for rescue

A 19 year old skier who skied into an off limits area was billed $845 for his rescue. The skier had ducked a rope, was skiing and hit a tree fracturing his leg. Thirteen ski patroller’s were used to rescue the skier.

The skier was also banned from Alyeska for one year.

Sometimes idiots should pay.

See Matt Davis: Alyeska Ski Resort billed Davis for rescue (video) and Alaska ski resort bills injured skier for rescue.


Search and Rescue and charging for it

Every year skiers, hikers, and hunters become lost while running around in the backcountry. Some are experts who temporarily find themselves in area they did not expect. Others are tourists who have no idea of the dangers of their actions and venture out to become victims. It is this last group who generates dollars and press time as helicopters circle the last known sighting and satellite trucks keep the couch sitters informed in the warm homes. In the winter the problems and entertainment value are magnified.

At the same time the agency responsible for the search and rescue, (SAR) after either a particular costly SAR or a particularly stupid one, informs the public that they are going to charge for SAR costs.

In Vermont, SAR is directed by the State Police. The State Police has announced they “may” start charging for SAR costs in the future. They will charge for skiers that are lost after skiing out of bounds. Vermont law specifically allows for agencies and others to charge for SAR costs when a person skis off the designated trails at a ski area. 12 V.S.A. § 1038(c) states:

§ 1038. Skiing off designated ski trails; collision; duty to report; recovery for rescue expenses

(c) Civil action to recover.—A person who uses the facilities of a ski area to access terrain outside the open and designated ski trails, shall be liable in a civil action brought by any person, including a ski area, rescue organization, municipality or the state, to recover expenses incurred to provide rescue, medical or other services to such person for circumstances or injuries which resulted from such use. The entity seeking to recover may also recover reasonable attorney fees and court costs. No ski area, its owners, agents or employees, individual or entity, municipal or otherwise, shall be held liable for any acts or omissions taken in the course of such rescue operations unless such act or omission constitutes gross negligence.

Not only can the state charge, but also the ski area, a rescue organization, or a municipality to recover all of the expenses in addition to reasonable attorney fees and court costs. Most states the sheriff is in charge of SAR and the sheriff is the only entity that can charge, if at all. The penalty for not paying for those rescue costs can add up in Vermont also. It appears that some ski areas do charge for any SAR they may undertake. As stated in the article that brought this news to our attention, one resort collects a credit card number from the rescued people. However testimony when the bill before the Vermont Legislature last year showed only a 20 to 30% recover rate.

At the same time, there is a hesitancy and fear to collect from the rescued because it may prevent people who truly need to be rescued from calling for help. The idea is either the person will not call and die, or not call and get into more trouble requiring a more difficult rescue. No one seems to have real evidence of this fact and it is probably impossible to determine, but for most states this is enough of a possibility to not charge for SAR or at least continue the discussion.

The real cost is not money. In Alison Osius’s book Second Ascent she writes about a rescuer dieing in an attempt to rescue the subject of her book Hugh Herr. Nothing more tragic can occur in the lives of the rescuer and the rescued. Yet each time volunteers and employees put on the winter clothes and a radio, everyone understands that can happen.

The real reason behind the threat to collect for expenses is to prevent people from doing stupid things. However stupid for one group of people is great adventure the next. Nor has a fine or threat of monetary penalty or cost every stopped anyone from doing anything let alone anything stupid. (If you don’t buy this, next time you are on the freeway see if you are being passed as you exceed the speed limit.)

In just one week five people were missing, one dead in an out of bounds avalanche in Cottonwood Canyon, Utah. Utah is famous for the out of bounds skiing and to some extent encourages it. Our industry supports magazines that are based on the theory that “earning your turns” by hiking up hill and skiing ungroomed snow is the best way to ski. And it is. However any time you venture out of the controlled (ski patrol avalanche team scoured resort) you increase your chances of becoming lost or dieing.

The problem is, tourons (combination of tourist and moron) skiing out of bounds. If an expert skis abound they are prepared: avalanche transceiver, shovel, Black Diamond™ Avalung II and training, it is a fun time for the expert who was caught in a freak act of nature. If a tourist does it, they are idiots going where they should not go without the proper training, equipment or knowledge putting locals at risk.

However how many of us are willing to stand up and say I am a tourist or even a touron? Two magazines say out of bounds skiing is ok. Sitting in a bar you hear the locals talk about it. For the tourist who can run a mile in ten minutes where they live (altitude 685 feet) and known as an expert skier, why not? (Or as we call a friend, the “King of Wisp.”)

Then someone has to make a decision. Was the rescue a disaster such that we need to charge for it? What criteria are used to identify a reckless endeavor? What variables influence the decision: locals versus tourists, trained versus untrained, the cost versus the risk or the attitude of the rescued when they are finally found?

That decision process alone then provides a possible defense to collecting for the SAR costs. Court time and legal costs mount as the fine line for collecting for the rescue is argued and debated.

And will the collection of costs for rescuing lost reckless people decrease the number of rescues made each year? Doubtful. No study conclusively proves that any measure no matter how costly or draconian changes human behavior. For proof, look at your own driving record or the local prison.

View:

The Vermont statute 12 V.S.A. § 1038(c) also has a little hook in it protecting the rescuers from a lawsuit unless they are grossly negligent. That little threat alone would be enough to keep a lot of SAR help sitting at home watching TV. If I am willing to walk around during a frigid snowy night looking for a lost skier, no matter what I do, short of strangling the person when I find them, I should not be sued.

It is not going to get better. Until everyone at a resort or in some states, state wide wears a GPS locator the risk and cost of SAR will exists. In fact it will probably get worse. As the ability to communicate with rescue organizations increases, the chances people take will also increase. Grand Canyon river companies no longer tell passengers they carry satellite phones. They saw an increase in the “stupid human tricks” and resulting accidents when customers knew that rescue was a phone call away.

One View

Should you be charge for SAR, Yes, on a case by case basis. I have come out of the woods a day late, once because I did not want to come back to the “real world” and once because equipment issues slowed me down. I did not want or need rescued. However if I am lost in the jungles of Brazil or Peru, someplace I have not received a lot of experience doing in Colorado, it might be a different story. Plan your trip and the person who is going to notify rescuers accordingly.

The season is just beginning for summer SAR. I hope no rescuer is injured or dies in an attempt to save another. I hope all lost people are rescued and returned to their loved ones. I hope the tourons read these articles and reflect just for a second before placing someone else at risk. It’s ok if you want to push the limits, just don’t take anyone with you. I hope that each time a SAR team goes out the have the best and all of the equipment they need, and I hope it comes out of the pockets of the last person they rescued.

Reference

http://officer.com/article/article.jsp?siteSection=1&id=22067


It’s always sad when someone dies, but sometimes the facts can be…..interesting

The Pittsburgh Post Gazette is reporting a lawsuit between the widow and the owner of the pool where the man drowned. The widow argues that the pool should have provided a lifeguard as required under state law. The pool owner argues that a 1984 agreement requires the organization that rented the pool to provide their own life guard.

The interesting part is the organization that rented the pool is a nudist group. The victim was a retired 72 year old man. Can you imagine the issues of getting a teenager or twenty-something to work as a lifeguard, let alone telling a teenage lifeguard’s parents. “Mr. Smith I need Johnny to work a private group next Saturday night. Yes, Yes, the nudist group. Click!”

See Man dies during private nudist party

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Annual Cortland Recreation Conference

Once again, it is time to start thinking about the Annual Cortland Recreation Conference, the longest student-run conference in the country. On November 5th and 6th, 2009 this student-organized conference will be celebrating its 59th year with the theme: “Destination ReGREENation”. This theme is intended to focus on, but is not limited to: promoting local recreation; environmental stewardship; outdoor recreation; inclusive recreation services, and sustainable practices. We are soliciting presenters for 60 and 90 minute sessions focused on the theme of this year’s conference.

An element new to the conference this year is a Research Symposium. The Symposium is a component of the Annual Conference and features formal, peer-reviewed research presentations, followed by questions and comments from the audience. The Cortland Recreation Conference committee wants to provide presenters with an opportunity to take advantage of the generality of our theme, and to present topics which the presenters feel are important to the needs of both participants and providers within the profession. We encourage you to consider sharing a presentation at the 59th Cortland Recreation Conference. Graduate research is strongly encouraged.

The link to the Cortland Recreation Conference website can be found at the Department of Recreation, Parks and Leisure Studies homepage: http://www.cortland.edu/rec. There you will find all the necessary information pertaining to this year’s conference as well as the Proposal Form the committee would like you complete and submit. Thank you for considering our request to be an important part of the legacy of the Cortland Recreation Conference.

Sincerely,

59th Annual Conference Planning Committee
SUNY Cortland
Cortland, NY 13045
Phone: (607) 753-4939
Fax: (607)753-5982
recconf@cortland.edu
www.cortland.edu/rec


Another fitness club sued for failing to use AED on hand


A New Jersey health club is being sued for gross negligence because they had an AED (automatic external defibrillator) on hand and they failed to use it. The health club member died and the family is suing.

The victim went into cardiac arrest while playing racquetball. 911 was called and a staff member brought an AED to the victim. The staff started CPR but failed to use the AED. 7 minutes later the local police arrived who used the AED without success. New Jersey requires that all health clubs have AED’s.
For additional articles about this issue see: Case Brief: Pennsylvania tennis club not required to provide AED


2009 Symposium on Experiential Education

The deadline for abstracts for the 2009 Symposium on Experiential Education Research (SEER), held in November at the Association for Experiential Education conference in Montreal, is approaching. Proposed abstracts are due March 27. 12 final abstracts will be selected for presentation through a blind peer-review process, and can be submitted for publication in the Journal of Experiential Education in 2010.

Please consider submitting an abstract for a presentation on original conceptual or empirical research at SEER. The call for abstracts is available at the following link:

http://www.shhs.unh.edu/kin_oe/2009_seer.html

Thank you!

With regards,

Jayson Seaman, Ph.D.

Assistant Professor and Graduate Program Coordinator

Department of Kinesiology, Outdoor Education Option

UNH NH Hall 202

124 Main St.

Durham, NH 03824

603-862-1162

On the web: http://www.shhs.unh.edu/kin_oe/


Avalanche Beacons and other electronic items

The website Pistehors.com is reporting that a study has been conducted after a fatality as to whether avalanche beacons are affected by cell phones. See Avalanche beacons and household appliances.

The study showed that first generation digital beacons could be affected by electromagnetic interference.

An article on the Outside Blog titled The Wonk: Avalanche Transceiver Advisory states that Ortovox has issued a press release that states beacons with mechanical switches are safer than one with magnetic switches.

The National Ski Patrol issued a warning about the PIEPS DSP beacon on its website in an article National Ski Patrol Warns of Beacon and Radio Use. Supposedly Motorola radios which are used almost exclusively at ski resorts can switch the beacon to search when it should be in transmit mode.

When you get the National Ski Patrol, a respected European blog and a manufacture posting various items about avalanche beacons it might seem to be a good day to stay indoors. But that sucks. Ortovox is an extremely well respected beacon manufacture; however the beacon wars of late could have their own show on late night cable television. That is not to discount the facts, just a statement that it is hard to discern facts from reality from manufactures of late.

Read the articles and do your research. Leave your cell phone at home, maybe your MP3 player also or anything else that might interfere with your beacon. Or at least leave them turned off when you are in avalanche country.

If you are a manager of a commercial operation, ski area, find out quickly what the real story is and keep your people safe. Call your radio manufacture and your beacon manufactures and get their opinion. More importantly do your own tests and find out yourself.


Australian Climbing Accident investigated by police for criminal charges

An accident in Australia which resulted in a fatality is being investigated by the police for possible criminal charges. Facts about the case are abundant, but so far unofficial.

The issue is the bolts used to bolt a route where incorrect bolts for the rock being climbed. Expansion bolts were used when glue in bolts should have been used. The climber died when he fell and the bolts failed.

The issue that brings this to the police is the climbers who bolted the climb were told not to use expansion bolts. The guidebooks for the area states that expansion bolts should not be used. The climbers used expansion bolts and a climber died because of it. Remember, we are discussing Australian law, not US law.

For more information about this fatality see: Simon Carter’s News-Blog.

To see the original description of the route in Croatian see: Adventure Sport.


Response to Comments on the New BSA Medical Form

I wrote an article about the Boy Scouts of America (BSA) New Medical Form. (New BSA Medical Form is a Disaster) That post has been gathering a lot of comments. I am responding or updating those posts with this update.

so if you have people notarize their release forms, it doesn’t matter in a lawsuit. is there any benefit to having those forms notarized?”

Notarizing a signature does nothing. If you signature is notarized all it means is the person who notarized your signature knows that you are you. The notary either has known you for a long period of time or you provided proof to them that you are you. That is all. So notarizing a form provides not greater legal protection.

The issue then is, do people try and say that was not their signature. Sure in 25 years I’ve seen it happen twice from hundreds of thousands of releases signed. However a simple hand writing comparison shot that down quickly.

Don’t get signatures notarized. IT doubles the time needed to complete a form. Besides, each form will have to be taken to a notary and signed there.

And you can’t notarize a minor’s signature.

“The BSA has an activity consent form and release. Is this document any better than the release in the new medical record form?”

The BSA Activity Consent Form and Approval by Parents or Legal Guardian is no different from the BSA Medical Form. It has no legal value. It is not a release and parental indemnification is not supported in any state. All that form does is prove that you have the legal right to be in control of the child. It won’t stop a lawsuit if the child is injured in your care.

“I would also like to hear your view of the older class 1, 2 and 3 medical forms. Is the new form an improvement from a legal perspective?”

NO the new form is not an improvement! Read the post before you ask questions. The old forms were fantastic.

“As a Scoutmaster, I am not sure of the best approach. Where can I find a better release and should we use it in our troop?”

Yes you need a release or more appropriately in most states an assumption of risk form. Only five states allow a parent to sign away a child’s right to sue. However a release signed by the parents and the youth may stop the lawsuit by the parent and if written properly prove the child assumed the risk of the injury he received. Assumption of the risk is a good defense to a lawsuit by a minor.


The headline says: Man suing over alleged spin class attack

Upi.com is reporting that a New York man is suing after being attacked during a spin class at a health club. He is suing the health club, not his attacker. The plaintiff was allegedly grunting and making questionable comments when he was attacked. The attacker was acquitted of criminal charges. So the plaintiff is suing the health club for not taking action before the attack.

I can hear it now. “OK let’s ramp it up, let’s get those legs moving! Anyone feel like attacking anyone let me know. Fast people faster!”

See Man suing over alleged spin class attack


Very interesting study: Canoeing & Kayaking represent 15% of all boating fatalities


The US Coast Guard each year reports boating fatalities. The information is collected from state boating administrators and is required by federal law. For the year 2007 canoeing and kayaking represent 15% of all boating fatalities. That translates to 200 (or 2001 depending upon what chart you are looking at) canoeing kayaking deaths in 2007 compared to 153 in 2006. There is no breakdown between sea kayaking and whitewater kayaking. However 16 of the deaths are whitewater activities.

They report 31 of the fatalities are due to alcohol abuse/use and 25 fatalities due to operator in experience.

See Accident Statistics.