Survey about Drugs in Sport
Posted: March 10, 2009 Filed under: Uncategorized Leave a comment
Hi. You are invited to participate in a short 10 question survey about drugs in sport.
It has been the winter of despair for sport with the news plagued with headlines ranging from steroids in baseball to sprinters using The Clear to a swimmer smoking marijuana. This study explores peoples’ attitudes regarding performance enhancing substances.
It is being pursued by an academic without the financial means to offer incentives for everyone to participate. The deep pockets of my university’s research fund will budget, however, for five lucky participants to win either a coveted Thompson Rivers University hoodie or a prized TRU stainless steel coffee mug. In order to be eligible to win, you must send me an e-mail by May 4, 2009 indicating you’ve completed the survey. Please note that I have no way to verify if you did or didn’t do the questionnaire so we’re operating on the honor system.
Please forward the survey to others who you believe may be interested in completing it as well. Thank you.
Open the following link to complete the survey – http://www.surveymonkey.com/s.aspx?sm=Vi_2bUiPmPkBbjKaRLvcCO6g_3d_3d
Kind Regards,
Jon Heshka
Assistant Professor
Thompson Rivers University
Old Main Bldg, PO Box 3010
Kamloops, British Columbia V2C 5N3 Canada
phone: (250) 371-5839 fax: (250) 371-5845
e-mail: jheshka@tru.ca
Therapeutic Recreation Education Conference
Posted: March 10, 2009 Filed under: Uncategorized Leave a comment
Therapeutic Recreation Education Conference
June 19-20, Oklahoma State University
Practitioners and Educators are invited to participate in TREC-II sponsored by the American Therapeutic Recreation Association (ATRA), the National Therapeutic Recreation Society (NTRS), supported by the National Council for Therapeutic Recreation Certification (NCTRC), and hosted by the Therapeutic Recreation Association of Oklahoma (TRAO) on the campus of Oklahoma State University.
Please, make plans to attend this historic conference which is a joint effort between ATRA and NTRS to unite the profession and advance the discussion of accreditation and education programs. All scheduled sessions include work groups with the specific intent of coming to an agreement on the direction the profession should consider including whether or not to pursue specific accreditation for the profession.
Conference Goals:
-
Recommendations regarding the profession’s pursuit of higher
education accreditation
- Process and structure to manage higher education accreditation
- Procedures to develop learner outcomes to use as accreditation
criteria
- Relationship of personal credentials (registration, licensure, and
certification; and academic accreditation) to eligibility to sit for the
NCTRC examination
This is a pivotal time in the development of our profession all interested parties’ (Practitioners & Educators) are strongly encouraged to be present to express their opinion and participate in decision-making which will influence the future direction of our profession.
Registration is $50.00 plus $10.00 for CEUs if registration is completed before May 1, 2009; after May 1, 2009 registration is $100.Transportation from the Tulsa, OK airport will be provided by TRAO at no cost to the registrants.
To Register for the Conference please, go to http://www.okstate.edu/education/trect/
Download the form and email to tim.passmore@okstate.edu
TREC – II is offering 1.25 CEUs
Please, forward any questions regarding TREC – II to
Dr. Tim Passmore, CTRS at:
I got money; therefore I should do what I want on public lands.
Posted: March 5, 2009 Filed under: Uncategorized | Tags: British Columbia, Canada, Heliskiing, Idaho, Revelstoke British Columbia, Ski, Sports, winter sports Leave a commentA Boise man has appealed the denial of his application to land his helicopter in the Fairfield Ranger District, USFS Idaho for 30 days of heli-skiing each year.
Another one of those “aw shucks” moments.
See Boise man appeals heli-skiing denial.
SRLA 2009 Presentations
Posted: March 5, 2009 Filed under: Uncategorized Leave a commentMinors & Releases
http://docs.google.com/Presentation?id=dg2k3n4r_8ggz57nfh
Common Law and Releases
http://docs.google.com/Presentation?docid=dg2k3n4r_47hs552sss
OR email me at: recreation.law@gmail.com
Let me know if you want a PPT or a PPTX version
Very Sad, Handled well and Very Appropriate
Posted: March 3, 2009 Filed under: Uncategorized Leave a comment
The Colorado Daily reported in August about the death of a woman in Nepal. She was part of a study-abroad program called Passage Project. The article CU student’s death in Nepal was first fatality for program describes what happened and how the program responded to the death. It is a very good response for what is a very sad situation.
As in most cases, a government needs to be notified (whether local or county here in the states or a consulate when abroad) and the government will normally notify the family. In this case the young woman was swimming in Nepal, attempting to rescue a friend when she drowned.
The program then dealt with the family when they arrived in Nepal. They helped arrange meetings with people who knew the young woman in Nepal. Remember an issue here, closure is critical in the US and family members want to know what happened and most times see where it happened.
Too often when someone dies the natural response is to run and hide. Dealing with family members who have lost a loved one is perceived as bad, stressful and awful. It is, but it can also be very helpful for you and the program. You can gain personal value from the experience and you can put behind you some of the problems.
More importantly you have helping the family of a client and possibly a friend. You have stepped up to the responsibilities that we as humans for centuries have had to each other. It has only been the last 40 years, litigation, lawyers and insurance companies that have attempted to train us to ignore those responsibilities in an attempt to save someone money.
Not a long article but from how it reads a great way to deal with a fatality.
Letter to the Editor: Parks & Rec Business
Posted: February 26, 2009 Filed under: Assumption of the Risk, Release (pre-injury contract not to sue) 2 Comments
February 13, 2009
Rodney J. Auth
Parks & Rec Business
PO Box 1166
Medina, OH 44258-1166
I read with interest and then concern Dr. Panza’s article No More Waivers, Releases or Consents: A Better way to protect yourself in the February issue of Parks & Rec Business. Mr. Panza’s ideas could cost the industry millions and probably void most insurance policies.
Mr. Panza is writing based on one lawsuit in one state, Connecticut. Recently as Mr. Panza noted the Connecticut Supreme Court reversed its holdings on releases and held them void in Connecticut. In 44 other states, releases are still valid and stop litigation.
In those 44 states that support releases, a release saves money. Mr. Panza’s argument may make sense in theory, but his article misinterprets the law. For a participation agreement to be effective a jury must decided that the parties understood and assumed the risk. That means the issue must go to trial. That will cost hundreds of thousands of dollars. Judges through motions cannot decide the facts, only whether the law. Thus, the trier of fact, a jury in a trial is the only group who can decide that the participant understood the risks of the activity and voluntarily undertook those risks.
That argument is open to a lot of interpretation by the jury and attack by the injured participant/plaintiff. No matter what the participation agreement states, the document, because it is not a release, is subject to interpretation and argument.
A release can be used to file a motion for summary judgment soon after the litigation begins. If accepted a release stops the litigation after only tens of thousands of dollars have been spent. Trials can take years; motions can take months so there is a major time savings when using a release.
Participation agreements do not stop litigation in any state by a minor. A release signed by a parent can stop litigation by a minor in five states and five additional states a release stops litigation for specific activities. Ohio, your home state allows a parent to sign away a minor’s right to sue.
Most insurance companies working in the outdoor recreation industry require insured’s to use a release. It is a condition precedent in the policy meaning if the insured does not use a release there is not coverage. I’ve personally been involved in this type of litigation.
Mr. Panza is correct in stating that the industry needs to do a better job of communicating to participants. The more a participant in a program knows about the programs and the risks, the less likely they will want compensation in the first place.
However the basic wall of protection for all adults in any activity and the only effective one in the vast majority of states is a release. As much as you may dislike using one, you will dislike even more testifying in trial about an injury, however minor, a participant in you program received.
When writing legal articles, an understanding of the law is critical to not provide wrong information.
Sincerely,
James H. Moss
Cc Joseph A. Panza, Ed.D. panzaj1@southernct.edu
Request for Proposals: 2011 SPRE Teaching Institute
Posted: February 25, 2009 Filed under: Uncategorized 1 Comment
Request for Proposals
2011 SPRE Teaching Institute
Members of the Society of Park and Recreation Educators and affiliated Universities are invited to submit proposals to host the 2011 SPRE Teaching Institute. Proposals must address all elements of the Sponsorship Selection Criteria listed below and must be received by October 1, 2009 for fullest consideration. Please prepare the proposal as a Word file, although additional common format files may be appropriate, and forward it as an email attachment to Lowell Caneday, SPRE President at Lowell.Caneday@okstate.edu
Introduction
The purpose of the SPRE Teaching Institute is to share insight among recreation, parks, and leisure educators concerning traditional and new issues/trends related to education, education administration, teaching, and research so educators can remain current in the techniques, content, and skills needed in higher education. The goals of the Institute are to foster a sense of collegiality among recreation educators through renewing old acquaintances and making new ones, to develop networks and strategies for sharing course materials, and to stimulate new ideas that will challenge educators to think and expand their academic horizons. The primary focus will be on teaching but an emphasis on research is encouraged as it pertains to teaching. The Institute is held every odd numbered year in late winter or early spring and is scheduled so as to not conflict with Regional NRPA meetings or the National AAHPERD Conference. The Institute is placed on a regular rotation across the three geographic NRPA regions consisting of Southeast/Northeast, Great Lakes/West, and Pacific. The 2005 institute was held in the Pacific region, the 2007 institute in the Southeast/Northeast region (South Carolina), and the 2009 institute in Utah. In geographic equity, priority will be given to proposals from a region of the country that has not been represented recently; however, proposals from all regions are invited. The exact location within any region will be selected from proposals made by sponsors in the geographic area and will be announced at least one year prior to the Institute.
Sponsorship Selection Criteria:
A proposal for sponsoring the Institute should include the following:
- Sponsoring University and partners (if applicable)
- Proposed dates
- A description of the proposed facility, its proximity to a major airport, reasonable costs for room and board, appropriateness of facilities for a conference, access to local transportation, and conduciveness of the facility to meet the goals of the Institute.
- A program addressing the purpose of the Institute and a plan designed to market the program to the potential audience. The following elements may be included: theme of the proposed institute, the organizational format, potential keynote speaker(s) and a proposed schedule of events
- A budget addressing considerations given to financial viability should be attached as an Appendix. It is the goal of the Institute to “break even”.
- An individual(s) from the sponsoring unit will be appointed SPRE Teaching Institute chair(s). The chair(s) will work with other individuals to plan and conduct the Institute.
- Regular reports will be given to the SPRE Board of Directors concerning progress toward planning for the Institute.
If you have questions regarding this call, please contact Lowell Caneday at the email address or telephone below. If you have questions related to recent SPRE Teaching Institutes, we will direct you to those who have hosted recent events.
Lowell Caneday, Ph.D.
Professor
Leisure Studies
180 Colvin Center
Oklahoma State University
Stillwater, OK 74078
(405) 744-5503
Utah Legislation pushing bill to limit access to Utah waterways
Posted: February 24, 2009 Filed under: Rivers and Waterways, Utah 1 CommentLast year the Utah Supreme Court gave access to the Utah waterways in a decision Conatser v. Johnson. Although the water had been owned by the citizens of Utah, you could not access the water. After the decision, boaters and fisherman could walk, swim and float the rivers.
The legislature is considering a bill HB 187 that would take away that access on all but 14 Utah Rivers. In fact it would further restrict access to Utah Rivers. For additional information on the bill see the Utah Water Guardians. If you live in Utah you can sign an online petition opposing the bill. If you don’t live in Utah write a letter to the Utah Governor expressing your concern.
You can also call the Governor at : 801 538 1000 .
Outdoor recreation is going to disappear on Utah waterways if we don’t act.
Very interesting allegations in NY Complaint
Posted: February 24, 2009 Filed under: Health Club Leave a comment
The NY Post is reporting a lawsuit over the death of the spouse in a health club. The article points out that the state requires AED’s (automatic external defibrillators) to be installed in the health club. The complaint alleges that no one used the AED. See Gym Let Wife Die: Husband. (Their article title not mine.)
The statute, NY CLS Gen Bus § 627-a (2008) Automated external defibrillator requirements states:
1. Every health club as defined under paragraph b of subdivision one of section three thousand-d of the public health law whose membership is five hundred persons or more shall have on the premises at least one automated external defibrillator and shall have in attendance, at all times during business hours, at least one individual performing employment or individual acting as an authorized volunteer who holds a valid certification of completion of a course in the study of the operation of AEDs and a valid certification of the completion of a course in the training of cardiopulmonary resuscitation provided by a nationally recognized organization or association.
What is also in the article is the allegation that the gym club kept other people from assisting the stricken patron. No reason is given for those actions by the club employees in the article. The article is a report of a complaint or maybe a press release so it is quite unclear as to what really happened.
However that is an interesting allegation. Generally there is no duty to assist someone in an emergency unless you put the person in the emergency or you have a statutory duty to do so. Most times people who have a statutory duty to assist are health care workers, but even that is very limited, usually only when the person is in their care all ready. That duty seems to be required, but is not specifically identified in the NY statute.
People with a legal duty are guides with clients, instructors with students, etc.
Here though, even if the health club employees did not help, what is the liability for keeping others from helping? I’ve only known of one other case similar to this one. In that case from New Jersey co-workers were prevented from helping a dying co-worker; (if memory serves me correctly from a long time ago.)
The statute quoted above states that an employee who has been trained in the use of the AED is an “authorized volunteer” under the statute. Probably this provides additional protection from lawsuits for the individual who uses the AED through federal and state volunteer immunity act.
e-Review of Tourism Research (eRTR)
Posted: February 23, 2009 Filed under: Uncategorized Leave a comment
e-Review of Tourism Research (eRTR)
http://list.rpts.tamu.edu/eRTR/eRTR.html
Applied Research Notes
Government, Local State and Private Sector Groups’ interaction in the Context of Producing Sport Tourism Policy in Greece: A strategic perspective
by
Ourania Vrondou, Athanasios Kriemadis (University of Peloponnese), & Nikos Kartakoullis
(University of Nicosia)
Innovation in Tourism: The Case of Destination Marketing Organization
by
Florian Zach & Daniel R. Fesenmaier (Temple University)
Conference Abstracts
International Tourism and Media Conference
Other Useful Resources Available on the eRTR Website
48 updated conference news
14 new calls for papers
785 useful research links
80 new links to tourism case studies
Special Announcement from the Editors
It is my pleasure to inform you that I have taken on the task of serving as the Editor-in-Chief of eRTR starting with this new issue. First, I would like to thank Sanjay Nepal for heading the editorial team over the last years and making important changes to the journal. Second, I would like to announce some new changes that have already been implemented, with more improvements on the way:
While we continue to work on our new content management system, we have created a temporary eRTR Website so that you can at least access the current contents online at http://list.rpts.tamu.edu/eRTR/eRTR.html
eRTR is now a peer-reviewed journal. Please help me in welcoming the new reviewers who have agreed to volunteer their expertise and time to the cause of this journal. You can find their names and affiliations listed at http://list.rpts.tamu.edu/eRTR/eRTR.html
. Please contact the editorial assistant Jerry Lee at kangjae@tamu.edu if you would like to serve as a reviewer for eRTR.
eRTR has signed an agreement with EBSCO Publishing and will soon be included in their Hospitality & Tourism Complete database.
We have created a new category of links to tourism case studies. Please contact the editorial assistant Jerry Lee at kangjae@tamu.edu if you would like your tourism case study to be added to the list currently available on eRTR.
We are working on an index of tourism-related master theses and professional papers, as these remain largely unpublished and, thus, inaccessible. If you would like a master thesis or professional paper to be indexed in our database, please send the thesis abstract (including keywords), the name of the department and university at which the degree was completed, and your contact information to Jerry Lee at kangjae@tamu.edu.
I am excited about this new opportunity and will do my best to help advance the goals of eRTR. Most importantly, I would like to ask you to continue your support of eRTR by sending your research notes, conference information, conference abstracts, ideas, etc. to the editorial assistant Jerry Lee via kangjae@tamu.edu.
Associate Editor, Regional Editor-Europe and Africa
Associate Editor, Regional Editor-North America
Associate Editor, Regional Editor-Asia Pacific
Italy make avalanche safety gear mandatory
Posted: February 21, 2009 Filed under: Avalanche Leave a commentItaly has decided to make avalanche safety gear (avalanche beacon, shovel and probe) mandatory for all winter sports enthusiasts heading out of marked and secured ski runs. The law will also apply to off piste skiers.
The law covers to the Piemont region in the north of Italy and supersedes the national law (L. 24 December 2003, n.363) which obliged ski tourers to use avalanche beacons if there was a clear risk of avalanche (this probably means risk 3 or above). Fines are up to 250 euros.
British skiers should take careful note of this law as they may find that their insurance is invalid if they ski off piste or tour in the Piemont without the appropriate gear required by Italian law.
Reported at PisteHors.come, Italy make avalanche safety gear mandatory
Extremely interesting and indicative of what we really know about avalanches…nothing! But having the gear and knowing how to use it are two separate things.
New BSA Medical Form is a Disaster
Posted: February 19, 2009 Filed under: First Aid, Medical, Release (pre-injury contract not to sue) 11 CommentsSomeone sent me a link to the latest BSA Medical Form.
It is quite interesting, very misleading, has limited additional value and put volunteers are greater risk of litigation. If you are interested here are the issues.
1. The form states that it has a hold harmless/release agreement attached. IT DOES NOT. There is language attempting to create a release and in three or four states it might. However most states require specific language to create a release and it does not exist in this document.
2. It places a requirement on unit leaders to know of and know how to treat the medical needs of the youth in their unit. The first issue is how much medical training is now needed to understand the issues. Worse however is the liability this creates? Example:
A. How about a new unit leader who just started who has not had time to take any first aid training. Kid at a meeting has a medical issue and the unit leader is now facing a lawsuit because he did not know about or know how to treat the kid.
B. What upper limit exists on the training? You have a child who requires advanced medical care. The parent reads the medical form, completes it and sues when her child dies. The unit leader was supposed to know about and know how to deal with the medical issues. In this case, the medical issues required an EMT or physician to deal the medical issues. Yet the mother relied, appropriately so on the medical statement to her detriment.
3. There is a 30 minute medical radius for medical care. This can eliminate most of Colorado as a place where a unit could go with someone who does not meet the medical transportation issues. Other than a few cities, all of Wyoming, Montana and Idaho are now off limits. Large portions of New Mexico, Arizona, Utah and most of Nevada are probably off limit to BSA units.
4. Prescriptions. This section creates a real problem that you need to deal with in writing. If any parent reads this and asks if you will assume the responsibility for any child taking their prescription medications say NO. If anything goes wrong and you have accepted this liability you are now liable. It may have nothing to do with what you have done, but combined with the required level of medical knowledge this is a ticking time bomb.
How to Deal with this?
Write ever parent in your unit and notify them that prescription and non-prescription medications will be their responsibility.
5. Release. The release is a poor start, but at least it is a start.
A. many courts throw out releases that are imbedded in other documents. The release needs to be separate and distinct.
B. The release needs to have a release of negligence. There is no lawsuit without negligence and this release in most states does not release negligence.
C. The medical information release is another good start, but it needs to specifically state what it is trying to do. Example
1. Unit leader takes crew on hike with assistant. Youth is inured and assistant hikes out with injured youth. Based on this release, is the assistant unit leader allowed to provide the medical information to the EMT? No. Medical information is confidential and this document does nothing to help volunteers in this matter.
D. Most importantly now in most states you are liable if you release medical information to anyone without their permission. That means before you can tell the Ambulance Squad attendant about the injury you have to have the parent’s permission to do so.
If the youth has a communicable disease you can’t tell anyone about in several states without their permission.
This medical release fails to provide that protection.
6. Notary. No state requires that a release or medical release be notarized.
Conclusion.
The major issue that will occur is the expectation this will place on parent. I tell my clients that the marketing creates promises that are proven breached in the courtroom. This is similar. The document is creating an expectation in parents that you cannot fulfill in a lot of cases. Failed expectations coupled with an injury are called lawsuits. You may win, but you will cost your homeowners’ insurance a lot of money to do so.
DEADLINE Extended to MARCH 6: NRPA Congress, October 13-17, Salt Lake City, UT
Posted: February 18, 2009 Filed under: Uncategorized Leave a comment
DEADLINE Extended to MARCH 6
CALL FOR PRESENTERS
NTRS POSTER SESSION 2009
NRPA Congress, October 13-17, Salt Lake City, UT
NTRS invites therapeutic recreation professionals, educators, and students to submit abstracts for the NTRS Poster Session 2009. We are particularly interested in poster presentations that offer new and innovative methods and techniques for the implementation and delivery of services, programs, and/or courses. This is an excellent opportunity to share recent successes and challenges with fellow Therapeutic Recreation professionals.
Submit an abstract summarizing your poster by March 6, 2009. Abstracts must be submitted electronically via the NRPA website and follow all criteria presented there.
Visit the NTRS page for guidelines, submission format and photos from the 2008 session.
For questions or clarifications, please contact the NTRS Poster Session Chair:
Jo Ann Coco-Ripp
Winston-Salem State University
Therapeutic Recreation Program
Phone: 336.750.3459
Utahans quick to take advantage and sue ski resorts for injuries.
Posted: February 17, 2009 Filed under: Skiing / Snow Boarding Leave a comment
The Park City Utah Park Record is reporting in Late skier’s family files a lawsuit that the family of a deceased ski racer has filed a suit against the resort and race organizer where he died. The deceased was practicing for a race when he crashed. He was not found for 8 hours after the crash and died.
Normally, a racer would sign a release before a race and any practice. Racers usually assume the risk of the course and the activity. However the report states the lawsuit is about the failure to design the course and find the victim after the crash, items that might not be assumed, but would be protected by a release.
The fatality occurred a little more than a month after the Utah Supreme Court changed the law with the lawsuit started a year after the fatality and 13 months after the law change.
See Utah Supreme Court Reverses long position on releases in a very short period of time for a discussion of the Supreme Court Decision that allows this suit. For an in depth discussion of the Utah Supreme Court decision see Utah Supreme Court flip flop on releases for ski areas could have broader consequence (Subscription).
Climbing.com Launches Alpine, Bouldering, Sport and Trad Channels
Posted: February 14, 2009 Filed under: Climbing Leave a comment
FOR IMMEDIATE RELEASE 02.11.09
Skram Media, publisher of Climbing Magazine, today announced the launch of four targeted content channels on climbing.com, focusing on their readers most committed interests. Navigable from the climbing.com home page, the four channels focus on: alpinism, trad climbing, sport climbing, and bouldering.
“Climbing.com is the most content-rich climbing site in the country. By offering our readers a way to organize content by the type of climbing that most interests them, we’ve found another great way to connect readers to their passions,” said Luke Laeser, Online Editor for climbing.com. And, said Matt Samet, editor-in-chief of Climbing, “This only furthers the vision and reach of our brand and the site, the perfect complement to the print version of Climbing.”
Crowther added that he is in discussion with a number of leading manufacturers about online channel-sponsorship opportunities. “The Alpine Channel is generating a lot of interest. It’s clear there is a demand in the market now, and with climbing.com reaching over 100,000 unique visitors a month — an audience, for example, sevenfold larger than the total circulation of Alpinist Magazine under its former ownership — we can offer advertisers a more cost-effective way to reach this valuable segment of the climbing audience.”
Advertisers interested in finding out more about climbing.com and channel-sponsorship opportunities should contact Mark Crowther (mark@skrammedia.com) or go to skrammedia.com to download a media kit.
About Climbing.com: Widely regarded as the most trusted name in climbing news, climbing.com is the most visited climbing-content site in the country, and the URL of choice for climbers worldwide.
Please Contact Your Colorado State Senator
Posted: February 12, 2009 Filed under: Cycling 1 Comment
Proposed 3 feet-to-pass under attack-
The 2009 Colorado Bicycle Safety Bill will be voted on by the State Senate possibly as soon as this Friday, Feb. 13. This bill will help protect bicyclists on roads and makes it easier for motorists to pass bicyclists safely. Opponents are trying to remove the 3 feet safe passing distance.
Here’s how you can help:
1. Call or email the State Senator from your district:
Suggested points to put into your own words-
-I encourage you to support Senate Bill 148
-Please keep the 3 foot safe passing distance
-I believe this bill will improve road safety
Find your District and State Senator here–Just enter your 10 digit zip code.
**This is a State Bill, please do not contact Federal Senators Mark Udall and Michael Bennet**
2. Forward this message to riding friends, family, and people who care about road safety. Include this on your blog/club website/networking site.
3. Contribute to the cause- Donations from bicyclists are how Bicycle Colorado takes on expensive projects like legislation and safety education. Please help increase bicyclists’ strength.
Montana attempts to limit lawsuits against recreation programs – but really a waste of time.
Posted: February 10, 2009 Filed under: Uncategorized Leave a comment
It is being reported that the Montana Legislature is attempting to pass law that would limit the liability of Montana’s recreational business. The bill states the outfitters would not be liable for the inherent risks of the activity.
An inherent risk is one that you assume in any activity. It is the other risks that are the problem the ones that start litigation. Those risks that have been changed or altered by man are the ones that create lawsuits. As an example the risk of moving water are drowning. However the risk is no longer inherent when you pay an outfitter to take you out in the water in a raft. Now the act of man has altered the risk and it is no longer inherent.
Montana has a substantial problem because the Montana Constitution prohibits the use of a release. MCA § 27-1-701 See SNEWS® Law Review 2006 Summary: States Where Releases Are Void or Restricted
Utah Supreme Court Reverses long position on releases in a very short period of time.
Posted: February 6, 2009 Filed under: Release (pre-injury contract not to sue) | Tags: Alta Ski Area, Park City, Park City Mountain Resort, Release, Salt Lake City, Season Pass, Season Pass Release, Snowbird, Solitude Mountain Resort, Utah, Utah's Inherent Risks of Skiing Act, Waiver Leave a commentRothstein v. Snowbird Corporation (UT 2007)
In an amazing decision, the Utah Supreme Court ruled releases were no longer valid as a defense by Utah Ski Areas. With one statement, “We hold that the releases are contrary to the public policy of this state and are, therefore, unenforceable” place all outdoor recreation activities in Utah at risk.
In more confusing is the same Utah Supreme Court less than 90 days earlier had upheld a release signed by a skier in Berry v. Greater Park City Company, 2007 UT 87; 171 P.3d 442; 590 Utah Adv. Rep. 3; 2007 Utah LEXIS 192.
Yet 50 days later the same court upheld an injured skier’s right to sue, even though the skier had signed two different releases. In Rothstein the plaintiff had signed a release for his season pass at the defendant resort and a release for his Seven Summits Club Membership. Rothstein was injured when he skied into a retaining wall above where the wall had been roped off. There was a light dusting of snow which partially or did hide the retaining wall.
The court then analyzed the legislatures intention in creating the Utah’s Inherent Risks of Skiing Act, Utah Code Ann. §§ 78-27-51 to -54 (2002 & Supp. 2007) and concluded the act was enacted to help ski areas keep insurance costs down. In effect because the legislature had enacted an act to help the resorts, the resorts were limited solely to the defenses provided by the act.
For an analysis of this case see: Utah Supreme Court flip flop on releases for ski areas could have broader consequence (Subscription).
Grand Canyon River Guide Jobs
Posted: January 27, 2009 Filed under: Uncategorized Leave a comment
HUALAPAI PREFERENCE
POSITION: Hualapai River Guide
DEPARTMENT: Hualapai River Runners
CLASSIFICATION: Hourly/Non-Exempt
SALARY: $9.00 – $16.00 Hourly Depends on Experience
Guide Trainee $115, and or First Year River Guide $120 Trip Pay
SUPERVISOR: Operations Manager/Assistant Operations Manager
Summary:
A River Guide must operate a motorized 23ft. snout rig with a carrying capacity of eight customers and two crewmen. Responsible for the safety, comfort and enjoyment of customers, conducts informative, entertaining and professional tours of the Colorado River and the Grand Canyon.
DUTIES & RESPONSIBILITIES:
-
Greets, orientates, informs and entertains customers by providing information on history and culture of Hualapai, the geology of Grand Canyon and other points of interest along the Colorado River.
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Shall be responsible for loading all supplies, equipment, rig pontoons, frames, and motors. In addition must derig and load all gear and equipment at South Cove
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Must observe sound sanitation practices and insures all meals are properly stored, packed and/or prepared.
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Routinely inspects all equipment prior, during and upon conclusion of raft trips for defects, damage and general safety precautions.
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May be required to provide one on one training to other new guides.
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Other duties as assigned.
QUALIFICATIONS:
A high school diploma or equivalent is required. Must be at least 18 years of age and possess a valid food handlers’ card and CPR/First Aid Certificate. A valid drivers license is preferred. Incumbent must provide a physical examination demonstrating ability to perform the strenuous activities of the job. Must attend HRR River Guide Training.
MINIMUM QUALIFICATIONS:
1. At least 18 years old
2. Valid Driver License
3. High School Diploma or GED
4. Attend the HRR River Guide Training
Applicant must pass a pre-employment drug screen and an extensive background check may be required.
All applicants are considered without regard to age, sex, race, national origin, religion, material status, or physical disability. However, preference may be extended to persons of Indian descent in accordance with Public law 88-353, Section 703 (7-2-71) and Public Law 93-638, Section 7B.
Well in New Zealand…….you go to JAIL!
Posted: January 7, 2009 Filed under: Criminal Liability, Ski Area 1 Comment
Another example of the differences between the US Legal system and those of other countries is the response if someone who is injured or killed while recreating. Unless there is very clear criminal liability, and I have never seen that in the US, US recreation providers do not have to worry about jail time. In a few cases I have seen minor fines for infractions that rarely had anything to do with the injury or fatality.
However that is not the case, in Europe or the rest of the world, were the government takes a bigger role in the operation of business and any injury. In this case this article speaks to a young woman who died river boarding while on a vacation. See Travel company charged after Worcestershire woman’s holiday death.
The company that organized the activity is facing criminal charges for the death of one of their guests. The company is facing three criminal charges with a maximum fine for each charge of $250,000 NZ. The charges were brought after an investigation by the government. Another rare issue in the US, unless someone complains or the activity is done under a Federal or State Land Managers permit.
Of note is a statement made by the father of the deceased, after visiting the place where his daughter died. He “described the experience of visiting the place where she died as “harrowing.””
If you do not understand the difference between civil liability and criminal liability, and there are solid examples of this in the comments, they are very different. See Vail found not liable for negligent hiring or actions of a ski instructor, Same facts difference between civil and criminal cases, same reason for using the courts, Another Litigation versus Criminal example or Litigation v. Jail Time. For an example of not understanding the difference see the comments after Youth and Adult Molesters.
Keywords
Posted: December 31, 2008 Filed under: Uncategorized Leave a commentAdventure law
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Why do people sue
Vermont getting serious about charging for Search and Rescue
Posted: December 30, 2008 Filed under: Search and Rescue (SAR) 1 Comment
Vermont allows rescued people to be charged for their search and rescue. (That sentence I’m not sure about, but it would be hard to charge those who did not get rescued?) Vermont also has the greatest determination to enforce the law. Recently four 19 year olds who wondered off the trail, “woefully unprepared” may be charged for their rescue.
The teens “had no water, maps or compass, and despite the cold weather, three were not wearing coats. After losing the trail, the teens ended up in a swamp. After their flashlight died, they called 9-11 around 2:30 a.m.”
The issue of course that is argued by most SAR groups is charging will discourage people from calling for help. It seems to me that waiting till 2:30 AM is a perfect example of this, or maybe just another example of lost being young.
See Teens lost in woods may have to pay for rescue and 4 teens may have to pay for rescue.
Appropriate
Posted: December 26, 2008 Filed under: Uncategorized Leave a comment
It is always sad when an employee of a government agency has to sacrifice their job to wake up the agency to an environmental issue. In this case an employee of the US Army Corps of Engineers went kayaking in the Los Angeles River to protest weaker clean water protections for the river.
The response of the corps was to suspend the employee. The Public Employees for Environmental Responsibility stepped up to assist the employee. A settlement was reached where the employee is going to resign……to go to law school to become an environmental attorney.
Don’t you hope she gets to nail the corps to the wall a couple of times in her career!
See Settlement reached in LA kayak trip dispute.
CDC Study a little misleading.
Posted: December 23, 2008 Filed under: First Aid Leave a comment
The Center for Disease Control sent out an Outdoor Injury list this summer that gathered a lot of headlines across the nation. Snowboarding was listed as the top cause for outdoor injuries. See CDC: Snowboarding Tops Outdoor Injury List. The study can be found at New CDC Study First To Present National Outdoor Recreational Injury Estimates. The information on the list is correct; however the list is not a correct representation of the facts.
Several news sources looked at the data and found major flaws in the data. See Snowboarding a leading cause of emergency room visits nationwide.
First the data did not include any cycling or biking activities. Nor is swimming included in the study. Biking alone would represent 75% of the injuries if included in the list and swimming would be much higher than snowboarding.
Skiing is not even in the list, yet there are far more ski injuries every year than dozens of other items listed.
The CDC still states that the greatest chance of dying comes from transportation. Getting to the slopes or outdoors is still more dangerous.
Merry Christmas
Posted: December 22, 2008 Filed under: Uncategorized Leave a commentMerry Christmas. May this Holiday Season last throughout the year in your heart and your deeds.
Recreation Law 