American Therapeutic Recreation Association
Posted: November 5, 2008 Filed under: Uncategorized Leave a comment
The American Therapeutic Recreation Association is pleased to invite the submission of manuscripts for the Volume 18 of the Annual in Therapeutic Recreation, the official research journal of the association. The purpose of the Annual is to further advance the body of knowledge of the therapeutic recreation profession by creating new knowledge and understandings in practice and in education. The Annual publishes a wide range of original, peer-reviewed articles such as
- Evidence-based practice/Empirical studies
- Systematic reviews
- Application of theories or models to practice and education
- Program or service evaluations/Case studies
- Methodological reviews
- Current issues and trends in service delivery or education
- Innovations in service delivery or education
-
Practice protocolsAnnouncement of Special Section –Outcomes-Based Research in Therapeutic Recreation
A special section devoted to research and scholarly discussion about client outcomes in therapeutic recreation practice. Example of appropriate submission include:
- Data-based research and/or systematic reviews on evidence-based practice in providing therapeutic recreation services to individuals with conditions such as dementia, substance abuse, obesity, depression, spinal cord injury, uncontrolled pain, and the like.
- Data-based research about the status of practice outcomes in the field.
- Scholarly discussions assessing the current state of affairs and/or the future of therapeutic recreation practice outcomes.
All manuscripts will be processed through the standard review procedure and undergo anonymous peer reviews.
Anonymous Review
The Editor will accept for anonymous review unpublished manuscripts suitable for the Annual. While a manuscript is under review, it may not be submitted to another journal. Typical review time is 10 to 12 weeks. Authors must prepare manuscripts according to the Publication Manual of the American Psychological Association (5th ed.). Manuscripts not adhering to the APA Manual will be returned to the authors without review. The Instructions for Authors is attached to this Call. Manuscripts must be submitted electronically as ONE Word attachment to an email. The Editor will acknowledge receipt of manuscripts within 3 business days; authors should contact the Editor if acknowledgement has not been received within that time frame.
For further information you may contact the Editor:
Instructions for Authors
- In text referencing, page 217
- Citations on a reference list, page 240
- Tables, page 147
- Figures, page 176
10. Authors must ensure and include in their manuscript approval by institutional review committees and/or human subject protection boards, if appropriate.
Important APA Style Issues:
Submit Practice Protocols by February 14, 2009 electronically to:
(828) 227-7360
Lawsuit is coming, Anger has not subsided
Posted: November 4, 2008 Filed under: Summer Camp Leave a commentAn alleged fault aids in creating basis for dealing with anger
Numerous stories have been reported by WKBW TV of Buffalo New York over the death of a young girl who fell in a river on a field trip at a “summer camp.” The summer camp was allegedly not licensed by the state to operate as a summer camp.
The field trip occurred by the Niagara River where the 12 year old girl fell into the river. Her body was not found for several days.
The TV station reports have focused on the families repeated statements about demanding justice. The case is also gaining headlines because the district attorney is looking into the case. The district attorney has still not filed charges in the case.
The TV station has filed five stories over the incident and the word justice was a key word in three of the five articles and two of the five headlines. However a civil lawsuit is not going to give the families justice.
The family believes, like most Americans that the court system can solve all problems. It can’t. The courts in 99.9% of the cases can only move money from one side of the courtroom to the other, or in some cases prevent the movement of money. The courts cannot provide justice, answers, satisfaction, relief, absolution or help anyone overcome the loss of a loved one.
However a good plaintiff’s attorney can convince the family that justice is achieved if money is received. Besides, by the time a settlement or trial occurs the family will be so tired and destroyed that anything to get the case over can be turned into justice. See Litigation costs a lot of money.
Money is not justice, especially in a civil lawsuit. Most times the money comes from an insurance company who cares, at best about the loss, but cares more about the money. So the defendant feels little pain, other than the time and energy to defend the litigation.
Another issue will be tying the failure to obtain state licensing to the loss of the child. It is not negligence to not be licensed. It may be negligence per se, but that still may not relate back legally. What the plaintiff’s attorney must do is find a section of the licensing that would have, if licensed, prevented the girl’s death.
However that will not have to be done well or soon. Breaching a state regulation or statute can always be claimed to be a breach of the standard of care, the first step in proof of negligence. Whether or not the plaintiff’s attorney will be able to tie the legal connection together will depend on how well the connection can be made, how much money it takes to fight the lawsuit, and whether the attorney can convince a jury that the emotional issues out weight the legal issues.
Not one of those steps really deals with the point. Did the defendant do something wrong. That answer will answer the question in the end as to whether the family receives the justice it is seeking.
See (in reverse chronological order) Family of NYC Girl Plan to File Lawsuit, Family of Falls Drowning Victim Demands Justice, Girl Who Drowned in Niagara River, Laid To Rest, Body Identified as Missing NYC Girl, and Parents of Missing Girl Seek Justice.
NEW JOURNAL LAUNCHED BY AORE, WEA, AND WKU RESEARCH FOUNDATION
Posted: November 2, 2008 Filed under: Uncategorized 2 Comments
New Journal Launched by AORE, WEA, and WKU Research Foundation
The Association of Outdoor Recreation and Education (AORE), the Wilderness Education Association (WEA), and the Western Kentucky University Research Foundation (WKURF) launched the Journal of Outdoor Recreation, Education, and Leadership (JOREL) earlier today in San Diego, California at the 22nd Annual AORE Conference on Outdoor Recreation and Education. The three organizations have teamed together to create and manage this new peer-reviewed publication located at http://www.ejorel.com/. This announcement included the inaugural “Call for Papers.”
The journal, hosted at WKU, uses resources available through TopSCHOLAR™ http://digitalcommons.wku.edu/ a University-wide, centralized digital repository dedicated to scholarly research, creative activity and other full-text learning resources that merit enduring and archival value and permanent access. TopSCHOLAR™ uses the Digital Commons platform from Berkeley Electronic Press http://www.bepress.com
The Association of Outdoor Recreation and Education (AORE) http://www.aore.org/ provides opportunities for professionals and students in the field of outdoor recreation and education to exchange information, promote the preservation and conservation of the natural environment, and address issues common to college, university, community, military, and other not-for-profit outdoor recreation and education programs.
The Wilderness Education Association (WEA) http://www.weainfo.org/ promotes the professionalism of outdoor leadership through establishment of national standards, curriculum design, implementation, advocacy, and research driven initiatives.
The Western Kentucky University Research Foundation (WKURF) http://ored.wku.edu/ is organized to support Western Kentucky University efforts to promote the development, implementation, and coordination of extramurally sponsored programs involving research, instruction, public service, and to legally protect, manage and commercialize intellectual property resulting from research, scholarship and creative activities on behalf of Western Kentucky University.
For information, contact Dr. Raymond Poff at (270) 745-2498.
You’ve got to be kidding: Chaperone liable for the death of girl on a trip
Posted: October 30, 2008 Filed under: Uncategorized | Tags: Chaperone, Hawaii, Insurance, parent, Student 4 CommentsEvery school takes trips and every school trip needs parents. If nothing else it is cruel and unusual punishment to require teachers to spend 24 hours a day with some kids. Most of the time the volunteer parents are called chaperones. These chaperones are volunteering their time to keep track of the students, to keep alcohol away from the students and if trip has students of both sexes around, away from each other.
An arbitrator in a case has found a chaperone liable for the death of a student on a cheerleading trip in the amount of $700,000. See $700,000 verdict gives chaperones pause
The defendant in this case traveled with another chaperone and two cheerleaders to Hawaii. Within hours of arriving the deceased was seen drinking. The deceased was found the next day on hotel grounds. The deceased was 18.
What can one adult do to tell another adult not to do? What was the chaperone supposed to do, call the police? You can tell an adult to do or not do something, but that is about it.
Not much else is said about the deceased or how she died. There is nothing in the article stating the exact legal reasoning or claim the plaintiff argued that lead to the award. Nor are any discussions about defenses such volunteer immunity or a release.
What is going to occur is less people are going to want to volunteer to be chaperones.
There are a few things you can do to protect yourself in these situations.
Make sure the school or the school association has liability insurance to protect you. Make sure you have a lot of homeowner’s insurance; normally your homeowner’s insurance is going to be the primary insurance company, or the one out front. Try and get an agreement with the parents stating what you can and cannot do and what you are willing to try. Have the parent’s sign a release. Require parents to provide you with a phone number where they can be reached for the entire trip.
Insist on sufficient chaperones for the number and age of the students. Very young students and teenagers have the same propensity to “wonder away” and get in trouble.
Most importantly don’t put up with anything. Dependent upon the age of the student and what the parent says, deliver the student to the airport, put them on a plane and send them home if they are not obeying the rules. If the parent requires a chaperone to accompany the student home, the parent must agree in advance to pay for the cost of the student and chaperone coming home early.
This article raises a lot of legal questions. Why was the chaperone held liable for the actions of another adult? What duty was breached by the chaperone? We may never know, but school dances just took on a whole new set of worries. Spiking the punch bowl went from a prank to a negligent act.
Cycling Computers, Pumps, Tools, Lubes & Cleaners for Sale
Posted: October 29, 2008 Filed under: Cycling Leave a comment
Personal Note:
Hey it’s a blog!
I’ve got some left over cycling tools, mini pumps and computers for sale on Craigslist.com. I did not sell all of them at Veloswap this past weekend so if you are interested, check it out.
http://denver.craigslist.org/bik/896011047.html
http://denver.craigslist.org/bik/896048280.html
http://denver.craigslist.org/bik/896051936.html
http://denver.craigslist.org/bik/896060084.html
Serfas MP-1 BULLET Mini Pump
Bombproof CNC Aluminum Design
Presta/Schrader Compatible
Compact Size to Throw In Jersey Pocket
Comes with mount to fit under your water bottle cage.
Weight 110 Grams PSI 140psi
http://www.serfas.com/product.asp?ProductID=237
MSRP $45.00 My Price $30.00
Shipping available for $5.00
Pedro’s Spoke Wrenches
Double sided design has both U-shape and diamond shape openings
Every spoke wrench you need
Be prepared to true all wheels with Pedro’s Pro Spoke Wrench Set! These great wrenches feature a double-sided design with regular and Diamond-shape jaws, the former for speed and the latter for a super secure grip that won’t slip. Plus, the wrench handles double as spoke guides to align the wrenches on spokes. These fine tools have cushioned grips, too. And, this set also includes a Mavic Pro Spoke Wrench and carabiner for storing them, as well.
Black: Size: 3.2 mm (0.127in)
Red: Size: Size 3.5 mm (0.136in).
Yellow: Mavic spline and 3.3 mm size for Mavic wheels Mavic (M7)
Green: 3.3 mm (0.130in)
Serfas Cycling Wired Computers
http://www.serfas.com/computersintro.asp
White Bike Computer with a large display. (No need to carry your reading glasses while you ride.)
- All are easy to mount and program
- Easy to Read Display
- Programmable LCD backlight
- Handlebar & Stem Mount
- Water Resistant Material
8 Function Wired Computer Functions (SI 1) $15.00
http://www.serfas.com/comp1product.asp?ProductID=165
- Current Speed
- Average Speed
- Maximum Speed
- Trip Distance
- Elapsed Trip Time
- Programmable Odometer
- 12/24 Hour Clock
- Pace Indicator Arrow
9 Function Wired Computer Functions (SI 2) $18.00
http://www.serfas.com/comp2product.asp?ProductID=165
- Current Speed
- Average Speed
- Maximum Speed
- Trip Distance
- Elapsed Trip Time
- Programmable Odometer
- 12/24 Hour Clock
- Pace Indicator Arrow
- Wired Cadence
Shipping available for $3.00 each.
Serfas Bike Wireless Computers
http://www.serfas.com/computersintro.asp
White Bike Computer with a large display. (No need to carry your reading glasses while you ride.)
- All are easy to mount and program
- Easy to Read Display
- Programmable LCD backlight
- Handlebar & Stem Mount
- Water Resistant Material
9 Function Wireless Computer Functions (SI 3) $35.00
http://www.serfas.com/comp3product.asp?ProductID=165
- Current Speed
- Average Speed
- Maximum Speed
- Trip Distance
- Elapsed Trip Time
- Programmable Odometer
- 12/24 Hour Clock
- Pace Indicator Arrow
- Wired Cadence
13 Function Wireless Computer Functions (SI 4) $25.00
http://www.serfas.com/comp4product.asp?ProductID=168
- Current Speed
- Average Speed
- Maximum Speed
- Trip Distance
- Elapsed Trip Time
- Programmable Odometer
- 12/24 Hour Clock
- Stopwatch
- Temperature
- Programmable Repair Indicator
- One Touch Function Scan
- Pace Indicator Arrow
- Multi Bike Programmable
Shipping available for $3.00 each.
Also not on Craig’s list but available are a lot of lubricants and cleaners from Pedro’s
|
Mft |
Item |
CO |
Qty |
Retail |
Price |
|
6090041 |
Liquid X – 4oz/120ml |
Pedro’s |
11 |
$ 13.99 |
$8.00 |
|
6090048 |
Liquid X – 4oz/120ml – OGC |
Pedro’s |
11 |
$ 13.99 |
$8.00 |
|
6090101 |
Liquid X – 10oz/280ml |
Pedro’s |
10 |
$ 24.99 |
$15.00 |
|
6090108 |
Liquid X – 10oz/280ml – OGC |
Pedro’s |
12 |
$ 24.99 |
$15.00 |
|
6040321 |
Bio Cleaner – 32oz/950ml |
Pedro’s |
9 |
$ 11.99 |
$7.00 |
|
6041281 |
Bio Cleaner – 1gal/3.7l |
Pedro’s |
11 |
$ 31.99 |
$20.00 |
|
6050141 |
Oranj Peelz – 14oz/410g |
Pedro’s |
11 |
$ 17.99 |
$10.00 |
|
6095031 |
Velo Grease – 3oz/85g |
Pedro’s |
5 |
$ 6.99 |
$4.00 |
|
6451300 |
Cog Wrench |
Pedro’s |
5 |
$ 39.99 |
$20.00 |
|
6460230 |
Campy & SKS BB Wrench |
Pedro’s |
5 |
$ 19.99 |
$12.00 |
|
SKS BB Wrench |
Pedro’s |
5 |
$ 19.99 |
$12.00 |
|
|
6040043 |
WF Bio – 4oz |
Pedro’s |
12 |
$4.00 |
|
|
6040133 |
WF Bio – 12oz |
Pedro’s |
10 |
$5.00 |
|
|
6040142 |
UNL Bio – 14oz aero |
Pedro’s |
0 |
$5.00 |
|
|
6040143 |
WF Bio – 14oz aero |
Pedro’s |
1 |
$5.00 |
|
|
6060329 |
Lust – 32oz kit |
Pedro’s |
2 |
$5.00 |
|
|
6450352 |
Shop Rags – yellow – 12pack |
Pedro’s |
3 |
$10.00 |
Shipping will be all over the place on this stuff. Some of this is heavy!
Colorado Statewide Comprehensive Outdoor Recreation Plan Completed
Posted: October 29, 2008 Filed under: Uncategorized 4 Comments
Colorado State Parks is proud to announce the completion of the 2008-2012 Statewide Comprehensive Outdoor Recreation Plan (SCORP)! Included in the plan is a wealth of information on Colorado‘s
outdoor recreation trends, needs and issues, as well as a strategic planning framework to help address these needs and issues. The SCORP Executive Summary can be accessed at www.coloradoscorp.org or http://parks.state.co.us/Trails/LWCF/SCORPplan/. The full document will be uploaded to this website by late November 2008.
The SCORP is a requirement of the Land and Water Conservation (LWCF) Program and is managed by the National Park Service (NPS). Each year, the NPS distributes stateside grants that are appropriated annually by the United States Congress. The Colorado State Trails Program, within Colorado State Parks, manages Colorado’s LWCF program. If you have any questions or would like to request hard copies of the executive summary or completed plan, please send your contact information to Scott Babcock at scott.babcock@state.co.us or call 303.866.3203 x4306.
Dean Winstanley,
Director
Colorado State Parks
1313 Sherman Street, #618
Denver, CO 80203
Phone: (303) 866-2884
Slow news day + somebody wants’ their 15 minutes of fame and you have the ingredients for a lawsuit.
Posted: October 28, 2008 Filed under: Whitewater Rafting Leave a comment
A woman died whitewater rafting on Glacier Creek outside of Girdwood Alaska. The local news must have a slow day because following the reports of the fatality they started to do some investigative work. See Raft accident brings safety concerns.
The TV station interviewed the local fire chief and found a “rafter” for some comments. The report does not indicate whether the “rafter” knew what he was talking about, was a commercial operation or just some guy who volunteered to be on TV. Here are some of his quotes from the story.
The rafters were wearing helmets and dry suits but they were all in one raft which is something experienced rafter Gary Klink says is uncommon.
Klink says part of being a responsible tour operator is knowing when to turn down clients.
“There’s always that desire to put anybody on anything that they want but if they’re reputable they’ll say you probably shouldn’t be doing this creek, you need this amount of experience,” he said.
The issue is not whether the raft company was wrong or right. Great arguments can be made on either side of this discussion. Until a credible rating for the creek is established who knows what the commercial operator should have done.
What is evident is this guys comments, whether intending to or not, are the basic starting blocks for a lawsuit. In less than a minute this “rafter” has provided everything anyone needs to file and possible win a claim.
If he is a commercial operator his own insurance rates are going to go up because of these stupid statements. If he is a private boater he does not know jack.
Either way the TV station got a story, someone got their 15 minutes of fame and the rest of us may have to deal with a lawsuit because of it.
Open Contest for Great Colorado Images
Posted: October 27, 2008 Filed under: Uncategorized Leave a commentDid you or someone you know snap an image that captures the spirit of outdoor sports in Colorado? Share it with us. Rocky Mountain Sports magazine has announced its Call for Entries for our first annual Year in Images feature, which will appear in the December issue.
We are looking for fun and compelling high-resolution images shot in 2008 in such sports as running, cycling, triathlon, mountain biking, hiking, adventure racing, rock climbing, paddling, fitness, yoga and snow sports. Although we will focus on local events and adventures, images will also be considered that show Colorado athletes at locations anywhere in the world.
We will select a broad mix of images to run in the feature and will name one shot for an Editors’ Choice Award.
Photographers are asked to submit up to five high-resolution digital images that can print at 4″ by 6″ at 300 dpi or better. If you don’t know how to determine image resolution, remember as a general rule that files which are less than 500 KB in size are too small. Images that are 1 MB or more in size are more likely to qualify.
Please identify the event, location, date and the people in the image and any other information that could be used for a caption. Please identify the photo credit. If a company name is credited, please also name the specific photographer. If you have a website, please include that information as well.
All images that are submitted will be published on a one-time-use basis in our Year in Images feature. Low-resolution versions may run on our website.
Files can be submitted via email to rheaton@rockymountainsports.com or on a CD to:
If you plan to email images, please keep image sizes below 10 MB and send each file in a separate email. If you have any questions about emailing images, please contact rheaton@rockymountainsports.com
Hurry, images must be received no later than November 3, 2008.
Litigation and Estate Planning gone wrong
Posted: October 23, 2008 Filed under: Summer Camp Leave a commentMany businesses will set up complicated structures in an attempt to avoid estate tax, (which is called estate planning) or to make the business less appealing in a possible lawsuit. Both of these are great ideas. Some estate planning ideas work great as litigation prevention ideas and vice versa. In both cases the person who owns the assets is trying to divide them up to make them harder to get and make the entire estate less valuable. In reality, a plaintiff and the IRS are both possible creditors to your income and assets.
There are sometimes other reasons for doing this. These reasons include separating the liability from the assets, making it easier to get loans, lowering insurance costs, or maybe to bring family members or valued employees into the business by giving them an equity position.
One of the issues that always pop up is control. It is difficult to effectively split up an asset so a plaintiff’s attorney or the IRS; possible creditors do not look at it as available. Besides changing the name the real issue is whether or not the original owner, the person who is attempting to lower the value of their estate, still has control over the asset.
The Kerrville Daily Times is reporting in Camp Mystic embroiled in lawsuit about a lawsuit where the original owner is attempting to regain control over his assets. Camp Mystic is a Christian summer camp that has been around for more than 50 years. About 10 years ago the camp was split into two entities. One which owned the land and one which ran the camp. Both entities were owned by the original family members and some new family members. Now they are all involved in litigation arguing they owe each other money, have undervalued or ruined the original asset and in general calling each other names.
If it were not sad, the description of what happened and now who is suing who is almost comical.
At the heart of the litigation is lease payments owed by one entity to the other. To make the split legally effective the parties have to not only go through the process of changing the ownership but must also, if necessary contract with each other. In this case the camp signed a lease agreement to rent the land from the entity that owned the land.
These blog is too short and not directed at providing all of the legal answers to dealing with these issues. However we can point out some simple do’s and don’ts so you can have an idea of how to proceed.
The only entity to use for anything in the future is the Limited Liability Company, an LLC. It requires less paperwork to create and run than any other entity. It still requires paperwork to create, both an organizational agreement which is required to be filed with the secretary of state and an operational agreement which most people skip. If you don’t have an operational agreement, you don’t have an LLC according to creditors and they can have the LLC voided and attack you personally.
An LLC can be taxed the way you want it to be taxed, including taxed as a subchapter S. Subchapter S is not a type of corporation or entity. Subchapter S is how the entity is going to be taxed. Most Subchapter S’s were regular corporations in the past. The name Subchapter S came from the chapter of the IRS regulations that created this taxing scheme. Corporations are taxed under Chapter C and Sub-Chapter S is the Subchapter S taxing scheme for used to be solely corporations and now includes LLC’s.
The worst situation to be in is a Partnership. A partnership is created always when two or more people go into business together and do not create an LLC or a corporation. Partnerships have two major flaws, besides hundreds of minor flaws. The first is any partner act holds all partners liable for his or her actions. One partner in an automobile accident doing partnership business can put all of the other partner’s assets, including their homes at risk. The second is getting divorced is usually cheaper and easier than breaking up a partnership.
Splitting up a business into separate entities is a good idea. Keeping the land, the concession or permit, and the operation in different entities is easy, cheap and helps to make sure no lawsuit will bring the business down. These entities also make it easier in some cases to get loans, to bring family members into the business and to possibly cut estate and other taxes. It may also help move income to individuals or entities with lower tax brackets. Finally it allows you to pick in some cases how the income will be taxed by sending the income to the entity with the type of tax entity you need.
You have to make sure though that you have created the proper relationship between the entities. If you are going to use the land, the entity using the land must lease the land with a proper fair market value lease agreement. An entity that owns major operating assets such as boats, vehicles or machinery must have proper lease agreements back to the operating entity. Both of these entities must receive fair market value lease payments from the operating entity.
There are some better entities to use as a Limited Liability Partnerships or Limited Liability Limited Partnerships but there is not enough time here to get into them.
Anytime you look into these types of planning you must involve your CPA. Also important as evident by the Camp Mystic lawsuit, you have to make sure that you understand who is in control of the entities and how they are going to be operated. Proper paperwork is the key to making sure you don’t lose everything you have worked hard to build.
Antarctica High School Student Scholarship
Posted: October 23, 2008 Filed under: Uncategorized Leave a commentThe Students on Ice Polar Education Foundation is offering 10 full scholarships valued at $12,500 USD each to American high school students interested in joining an educational expedition to Antarctica (December 25th – January 9th, 2008).
The scholarship includes all travel expenses from home to Antarctica and return. Travel arrangements will be arranged by the Students on Ice office.
Polar Scholarship applicants must meet the following eligibility criteria:
- Applicant must be a U.S. citizen or a permanent resident.
- Applicant must be 14 to 18 years old and enrolled in high school.
- Applicant must demonstrate a passion for environmental issues and youth activism.
- Student must demonstrate a need for financial assistance.
- Students on Ice alumni are not eligible to apply for the scholarship.
For more information and the scholarship application form, contact Niki Trudeau, the Participant Coordinator at apply@studentsonice.com.
Students on Ice is an educational, not-for-profit, Canadian organization, providing youth from around the world with ship-based educational adventures to the Arctic and Antarctica. Our mandate is to educate and inspire the next generation of polar scientists, researchers, and environmental leaders – and in doing so, help to provide them with a greater understanding and respect for the planet. For more information, please visit www.studentsonice.com.
Litigation costs a lot of money
Posted: October 21, 2008 Filed under: Uncategorized Leave a comment
Many times attorneys talk about winning. I hear this more from novices to litigation. My first book about dealing with lawyers I cautioned the reader to make sure they understood the value of their pride. Once you start, your pride can become extremely costly.
Although winning may be important, surviving is critical. This may seem a little absurd, but the time and money spent getting to trial will bankrupt many small companies or individuals.
A recent article from the National Law Journal titled Cost of Discovery a Driving Force in Settling Cases, showed that the cost of settling is going up. The article talks about the shear cost of finding documents and information required or requested from the opposing side. With the electronic discovery rules this can mean months of time and hundreds of thousands of dollars in costs. Eighty-three percent of the lawyers surveyed said the cost of settling a case was a more important factor than winning.
If you are lucky enough to have these costs covered by insurance, the time can still bankrupt a small company. In major litigation, one person may have to be employed or assigned to deal with the issues of finding information, documents and files. This does not take into account depositions or time spent with your attorney preparing for depositions or trial. I used to tell my clients that for every hour their deposition was expected to last they needed to figure spending 2-3 hours with me preparing. For each hour of trial that would add an additional 3-4 hours for each hour of trial.
A two week trial and a 2 day deposition of a company president can take the president away from the office for almost 2 months.
If more than one officer or staff member is involved in the litigation this time can quickly multiply. How many small businesses can survive when three of its five employees lose a month to two months away from work, on top of vacations, sick time and holidays?
This plays into the plaintiff’s hands when they are looking at a personal injury suit. The injured plaintiff will have to produce medical records, income records and submit to a deposition. The income records will consist of copies of their tax returns. The medical records are kept now days so they can be easily delivered for anyone, insurance company, patient or opposing party in litigation. At most this could take a week of time to gather and prepare. A manufacture that is defending the trial may lose months of work in responding and preparing for litigation. The cost of winning in many cases exceeds the cost of settling. For Thirty thousand dollars the attorney and plaintiff have made a decent living and the manufacture has gotten rid of a problem. Very few if any trials can be defended for thirty thousand dollars. With the discovery rules I would find it rare for a small simple trial to cost less than $100,000 to defend.
Let’s turn this to a volunteer situation. You as a volunteer are being sued for your volunteer work leading a youth group, sitting on a board, or searching for a lost tourist. After you have used up your vacation time, you are faced with dealing with the litigation with no money coming in. Few if any employers are going to pay your to attend a trial to keep your home. Your homeowner’s insurance should pick up the tab for your defense, but there is no one to pay you to deal with the time, the stress and the copies you will have to produce.
It is for these reasons that you need to deal with problems before they grow into disasters. Any angry customer, parent or even member of an association may scream and bother you, but unsatisfied people simply go away now days. And attorneys are easy to find. See Serious Disconnect: Why people sue and
It’s Not Money
If you do serve on a board of directors or are an officer of a non-profit make sure the association or non-profit has liability insurance to cover its members, its officers and its board. Also make sure that the bylaws require the association or non-profit to reimburse you for your costs as an officer or board member in defending yourself in any action based on your volunteer work. If you are a volunteer make sure the organization you volunteer for has adequate (a lot) of liability insurance to cover the members for the volunteer work.
This insurance won’t cover your lost time, but at least there will be money there to force a win or a settlement so you don’t go bankrupt giving of your time.
Bet let’s hope that you only come as close to litigation as reading this article……
It doesn’t matter what you take to the grave.
Posted: October 21, 2008 Filed under: Uncategorized Leave a commentIt doesn’t matter what you take to the grave.
It doesn’t matter what you leave behind.
All that matters
Is that you have a few friends
Who are willing to take that last walk beside you.
Update on Recent Zip Line Fatality
Posted: October 17, 2008 Filed under: Zip Line Leave a comment
The Farragut TN Press is reporting more information on the zip line fatality. See Zip Line Fatality. The article Farragut mourns youth states:
A miscommunication between Horn’s Creek staff sent Zachary, pictured right, down a zip-line before a wooden ladder used to unload the previous rider at the other end had been removed. Zachary hit the ladder at a high rate of speed.
Two kids injured on a ropes course August 11, 2008
Posted: October 16, 2008 Filed under: Challenge or Ropes Course 1 Comment
Wood TV of Grand Rapids Michigan is reporting in an article 2 kids hurt on rope course that two kids were injured on a ropes course attached to a climbing wall. The only other information available is the kids were injured when the fell at the Watson Glen Experimental Learning Center.
It is reported the youth will recover.
Critical Dates Regarding the New Consumer Product Safety Improvement Act
Posted: October 16, 2008 Filed under: Uncategorized Leave a comment
November 12th is the First in a Series of Critical Dates Regarding the New Consumer Product Safety Improvement Act (CPSIA)
SGMA Members are being alerted now to act with all due speed. Non-compliance with the Act may put your company at risk for monetary and possible criminal violations.
SGMA and our Legal Task Force are in communication with the CPSC and attend all Commission meetings and hearings that pertain to issues affecting you. The following are some of the most pressing deadlines and issues that you need to be aware of and address immediately:
• On November 12, 2008 all products subject to the CPSIA bans and standards as well as subject to any similar rule, ban, standard or regulation under any other Act enforced by the Commission, must be self-certified with a General Conformity Certification.
• The General Conformity Certificate must be based on a “test of each product or upon a reasonable testing program.”
• Certificates must accompany each product or shipment of products covered by the same certificate. And, a copy of the certificate must be furnished to each and every distributor and retailer of the product.
• If a General Conformity Certificate does not accompany each imported product or product shipment then all of your products “shall be refused admission.”Products refused admission can be destroyed!
• The Commission warned that each company needs to go through a detailed analysis of its products to determine whether your products are subject to the CPSIA’s new self-certification requirements.
It is imperative for your company to do a thorough product analysis. Do not delay! Call SGMA or our Legal Task Force members for advice immediately.
This ALERT is merely a tip of the iceberg with respect to what SGMA members must do to comply with the CPSIA and its rolling dates over the next 2-3 years. To keep you well-informed SGMA’s Legal Task Force will have another conference call on October 27, 2008 to update you on the most pressing deadlines and issues involving the CPSIA and the up-to-date thinking of the Commission. Details regarding the call will be emailed shortly.
SGMA members can visit www.sgma.com for further CPSC details and to access a CPSC Improvement Act Recap PowerPoint Presentation that summarizes the issues that were discussed during the September 11th CPSC Conference Call that SGMA hosted. Members can also contact Chris Strong, SGMA’s Director of Business Development, at 202.349.9413 or cstrong@sgma.com.
Zip Line Fatality
Posted: October 14, 2008 Filed under: Zip Line 9 Comments
Zip Line Fatality
Numerous sources are reporting the death of a 7th grader on a zip line in Tennessee. The boy was riding the zip line when he hit a ladder that had not been removed from the zip line. The ladder was used to remove riders from the zip line.
The boy was on a church outing at Horn’s Creek NOC Resort where he was riding the zip line. The boy suffered numerous injuries including several major head injuries.
See: Knoxville Seventh Grader Dies After Zip Line Accident At Ocoee Resort, Youth Dies After Injury On Zip Line and Farragut middle schooler dies after zip-line accident
I hate reporting these.
International Journal: Journal of International Volunteer Tourism and Social Development
Posted: October 13, 2008 Filed under: Uncategorized Leave a comment
Journal of International Volunteer Tourism and Social Development
web: http://www.informaworld.com/smpp/title~db=all~content=t794297797~tab=summary
Editor: Stephen Wearing – University of Technology, Sydney
Book Review Editor: Kevin Lyons – University of Newcastle, Australia
ISSN: 1754-6370 (electronic) 1754-6362 (paper) Publication Frequency: 3 issues per year
Publisher: http://www.informaworld.com/smpp//rout Routledge
Aims & Scope
The Journal of International Volunteer Tourism and Social Development is a peer-reviewed, transdisciplinary and transnational journal. The journal more specifically is a social science journal, with a special emphasis on volunteer tourism. Although it will be anchored in the social sciences it would also seek to encompass contributions from related areas. The journal will provide an outlet for publication for tourism and leisure related research and encourage inter-disciplinary approaches to the relevant subject matter.
The Journal of International Volunteer Tourism and Social Development provides a forum for debate against the backdrop of cross cultural interactions from local to global based within international volunteer tourism. The approach adopted in this journal would attempt to include all areas of discourse that relate to volunteer tourism such as economics, marketing or management. The articles that focus on volunteer tourism would form the basis of the journal. However, it would also expand the relevance by engaging with the theoretical knowledge of support experiences of the volunteer tourist and their journeys, the way NGO’s engage in this form of tourism, the different elements that make up the volunteer tourism experience and the commodified forms of tourism that involve altruism (charity, peace, spiritual). It seeks to draw on the development studies area and regional development area to attract work from outside of the tourism industry. The interface of development and its related research and practice with tourism. It will also focus on the local and regional activities of volunteering and its effects, providing an outlet for those who wish to place people at the centre of this type of work.
The Journal of International Volunteer Tourism and Social Development encourages papers which investigate the impacts of volunteer tourism on the work of workers in developing countries such as women in marginal rural communities and the division of labour once tourism comes to these areas. The changes brought about by globalisation and the spread of transnational social relations in volunteer tourism such as culture shock, the influence of emergent geographies of power, cultural identities and citizenship will be examined. How the forces of globalisation contribute to social exclusion and localisation, undermining the possibility of some local communities participating in volunteer tourism.
Given the prominence of tourism and its ability to shape social orders, critical scholarship in volunteer tourism would allow us to examine travel beyond consumerism, travelling with a purpose, the right to freedom of movement versus the consumption that it entails and the possible benefits of volunteer travel. This journal invites papers which consider the implications of the expansion of the study of tourism addressing issues such as the evaluation of travel based on the benefits to poorer destination societies who often experience tourism in the form of further despoilment of their environments and distortion of their local economies towards services. It would provide the platform to link studies of unequal participation in tourism, with literature concerned with tourism, social and ecological justice and civil society in destination areas.
The Journal of International Volunteer Tourism and Social Development also seeks to encourage contributions related to innovations in social science research methods and their application to research on tourism. Being tourists, recording and interviewing tourists in situ, deploying covert methods, employing radical-innovative practices, the use of digital technologies, multi-site ethnographies and research studies, linguistic considerations, RRA and PRA techniques applied to tourism. Techniques that look at the disadvantaged stakeholders and enable the impacts on them to be examined.
The Journal of International Volunteer Tourism and Social Development seeks to widen and deepen understandings of such changing relationships and stimulate critical debate by:
Adopting a multidisciplinary approach Encouraging critical approaches to the study of the theory, policy and practice of volunteer tourism and social development Attempting to allow the voice of the ‘other’
or disadvantaged stakeholder to be heard. Focusing on how globalisation and social development through tourism can be analysed, encouraging multi view cross cultural perspectives.
Dr Kevin Lyons
Senior Lecturer
School of Economics, Politics and Tourism The University of Newcastle University Drive Callaghan NSW 2308 Australia
Phone: +61 2 4921 8989
Fax: +61 2 4921 7402
Email: kevin.lyons@newcastle.edu.au
Cricos provider number 00109J
Treasurer, Australian and New Zealand Association for Leisure Studies www.anzals.org.au
SIA PAUL ROBBINS AWARD IN JOURNALISM
Posted: October 9, 2008 Filed under: Uncategorized Leave a comment
The vibrant, exciting snow sports industry recently lost a dedicated and talented journalist – Paul Robbins. SIA, in partnership with NASJA (North American Snow Journalists Association), wants to recognize achievement in writing that tells the story of how innovation of equipment, apparel and accessories enhance the participants experience on the hill and trail.
SUBMISSION DEADLINE IS FRIDAY, DECEMBER 12, 2008.
University sued for actions of Participant on an Outdoor Trip for $5M
Posted: October 8, 2008 Filed under: Uncategorized Leave a comment
Several news sources are reporting a lawsuit by the parents of a deceased 13 year old boy suing the Idaho State University over his death. See Parents file tort claim in wake of son’s death and
Parents seeking $5M. The young boy died after being hit by a personal water craft (PWC) on American Falls Reservoir this past July, 2008. The PWC was being driving by a member of the university’s Cooperative Wilderness Handicapped Outdoor Group, commonly known as CW Hog’s.
CW Hog’s is recognized nationally for its handicapped outdoor program. It was one of the first, if not the first to take disabled people outdoors. And not just into the woods, but rappelling off cliffs, climbing, rafting, any activity that anyone else can do in the woods. Founded in 1981 CW Hog’s has a long and impressive history. The name CW Hog’s comes from their name Cooperative Wilderness Handicapped Outdoor Group
The reports state the boy was killed when he was hit by a PWC driven by a member of CW Hog’s on a CW Hog’s outing. What seems to be aggravating the situation is the driver was fined $57.00 for his actions that caused the death of the boy.
Here again the confusing issue is the leap from the driver of the PWC to the university as defendant in the lawsuit. If the University is supposed to control its participants, who are over the age of 18; are the disabled really able bodied and functional on their own? Or is the university the deep pocket who may have the money to buy this case off.
A $57.00 fine would make anyone angry if the actions that justified the fine caused the death of a loved one. However the actions of the state in not fulfilling the desires of the family cannot be taken out on the university.
This is a very sad case. I feel for the parents, but I don’t see why and how the university should be held liable for the actions, negligent or not, of a participant in its program. Participants are over the age of 18. The university was not driving the PWC. The only thing left in my mind is does the university have a duty to control the actions of its handicapped participants? There is no duty to control able bodied participants.
The very idea that the university must control it’s disabled participants will and should bring every disabled advocate out of the “woods.” How can we say that a disabled person should be fully integrated into society with all the rights and freedoms they have. Or is this lawsuit going to attempt to say that as a disabled adult, you must be controlled by the university?
Canoe rental owner guilty of obstruction in attempt hide facts about drowning – Fear makes you do stupid things.
Posted: October 3, 2008 Filed under: Uncategorized Leave a comment
Fear of a lawsuit can make you do stupid things. In this case it made the owner of a canoe rental operation clean up the trash. The problem was the trash was evidence in a case. Consequently the owner of the canoe livery has pleaded guilty to obstruction of justice.
The criminal defendant in this case owned a canoe livery, Ayers Landing Canoe Rental, in Illinois. A group of teenagers rented canoes from the defendant. They also brought alcohol with them. After the rental was over the teenagers went swimming and one of them drowned.
The owner called 911 and directed one of his employees to clean up the evidence of the underage drinking, which lead to the criminal charges.
By pleading guilty the defendant agreed to two years of probation and to “rewrite his rental policy to include mandatory cooler checks if renters are under age 21 to ensure they aren’t bringing alcohol along for the ride“.
As you can expect, the defendant canoe livery owner is being sued. For what the article does not say and I can’t understand. It appears the defendant canoe livery owner did not buy the beer and did not encourage the alcohol consumption. He may have not even known about the consumption of the alcohol until it was too late. However he and every other defendant are being sued. The deceased victim was under age, consumed alcohol and went swimming. There is nothing to indicate any liability on the part of the canoe livery.
But that is not going to stop a grieving angry family. They will or have transferred their anger to the canoe livery owner attempting to cover up a non-negligent incident into liability for their son’s death. Their emotions are high and a good attorney can transfer those emotions into a lawsuit.
A stupid death caused by underage drinking is always tragic. It would have meant little if anything in a lawsuit against the livery owner. However by attempting to cover up, he may have created the hook needed to win in court if the courts wimp out.
There are two issues here. The first is obvious, trying to hide evidence that would make you look bad. The second is a little more subtle. Turning a stupid move into a lawsuit based on anger and grief. The first is obvious to most people, maybe not as a criminal act, but obvious as something that maybe stupid. The second will depend on whether a jury can be convinced that trying to stop a lawsuit is enough to win a lawsuit.
Something goes wrong, face the music, be honest. You may not have to say anything if there is a criminal issue, find out if there is. But don’t compound a problem or a mistake into a disaster.
See: Rental owner pleads guilty to obstruction in drowning
Youth and Adult Molesters
Posted: September 30, 2008 Filed under: Minors, Youth, Children | Tags: Background check, Boy Scout of America, Child, Recreation, Scout, Washington D.C. 2 CommentsParks and Rec Business Magazine has a great article on background checks for adult volunteers of youth sports. It is a well written and well researched article that talks about an issue that is a common theme in many of my articles. The actions that people are taking only lull them into believing they are doing the right thing. In reality they are wasting time and money. The article Background Checks: Do they really get the job done? points out that most background checks are not going to find molesters.
What the article points out is no matter what an organization does, bad people are going to get through. In order to prevent this from happening, Parents must be involved in the process and keep their eye on the program and their children. Parents must make sure their child is never in a position where they can become a target. For an excellent discussion about this and a program to train kids see the Boy Scout of America program Guide to Safe Scouting. Several other sports organizations have developed similar programs.
From the Parent’s perspective you just can’t expect someone else to babysit your kids. No program whether sports oriented or program oriented is designed to work without the involvement of parents. The Boy Scouts of America requires the parent to agree to become involved when they sign their child up to be a scout. Dropping you children off and picking them up several hours later is a recipe for disaster both for you and your child.
For adult volunteers, be very wary of any parent who simply drops their kids off at your program. If you don’t know the parent, you will if something goes wrong and you won’t want too. The parents who sue are the ones who have no involvement in the program.
While investigating Boy Scout lawsuits I discovered one recurring theme. I boiled that analysis down to one simple question to determine whether or not a parent would sue for an injury to their child. The question? What is the name of the adult leader? If the parent answered Mr. Jones or Mr. Smith there was going to be a lawsuit. If the parents answered Bob or Jim then there was probably not going to be a lawsuit.
The difference was not the answer but how well the parents knew the person who was taking care of their kid and more importantly how well the parents were involved in the program. A parent who was involved in the program did not sue. Those parents knew how the program worked, invested their time in the program and were involved. Those parents knew the adult volunteer as a friend, as someone who invested their time and as such knew them by their first name.
Parents who were not involved did not understand the program, the work, the commitment the time it took adult volunteers to keep their child active and involved. Those parents were recognized more by their cars taillights because the only thing they saw was the parent driving away after dropping off the child.
Parents who are not involved or who do not understand the program are also the ones who will sue. They have no understanding of what the program is trying to accomplish or their understanding is superficial. They see a sports program as purely their child playing ball. They see the BSA or GSA as purely their child going camping. They have no concept of the time the volunteer invests. They do not understand the goals of the program and how those goals are achieved by the activity and not vice versa.
These parent’s kids are also the most likely to be molested because their parents are not around. A molester is looking for the kid that they can find alone. They stand out because they are out standing waiting to be picked up rather than being walked to their car by their parents.
Those programs can also be spotted by parents. Just as the victims are identified as being the ones left alone by parents, the problem adult volunteers are also alone. They seem to be the total and complete volunteer. They drive away or discourage help from other volunteers. They do not want help because it interferes with their ultimate goals.
Both types of people, children with no parental involvement and adults with no other parental involvement are possible problems.
Southeast Chapter of Travel and Tourism Research Association Annual Conference & Tourism Research Symposium
Posted: September 28, 2008 Filed under: Uncategorized Leave a comment
Call for Papers
Deadline: November 24, 2008
The SETTRA Conference is held in conjunction with Southeast Tourism Society Spring Meeting, to be held March 23 – March 25, 2009, in Montgomery, Alabama. The Research Symposium will be on Tuesday, March 24. Abstracts will be reviewed and presenters will be notified of their acceptance by January 16, 2009. Presentation abstracts and proposals by both academic researchers and practitioners are welcome in the following two categories:
1. Oral Research Paper Presentation 2. Illustrated Paper (poster) Presentation
I.Abstracts are requested for research paper presentations and for illustrated paper (poster)
presentations. Abstracts should focus on the following:
- Applied Travel and Tourism
- Case Studies
- Management of Tourism
- Tourism Marketing
- Tourism Development
- Tourism Planning
- Sustainable Tourism
- Tourism Research
- Methodological Aspects of Tourism Research
Specific methods, results, and applications should be emphasized. The papers will be presented at the workshop and published in a proceeding. The authors and presenters of accepted papers and presentations are expected to register for the Research Symposium and/ or the Conference. Oral research and illustrated paper presentations: Abstracts should be submitted electronically, preferably in MS Word format using APA format and graphic quality requirements. Material submitted for review must consist of:
(1) Title Page: With the title of the paper and the author’s names, affiliations, complete addresses, phone numbers, and email addresses. Please also indicate on the title page one of the three choices below (a, b, or c) to indicate how the abstract should be reviewed:
a. Review only for an oral presentation.
b. Review first for an oral presentation and second for display as an illustrated paper presentation.
c. Review only for display as an illustrated paper presentation. Those researchers whose material lends itself to visual rather than verbal communication should submit poster presentations.
(2) Abstract: No more then a 2000 word abstract (not including figures, tables, and references) with the title of the paper/poster centered at the top. Abstracts should clearly state the purpose, results, conclusions, and applications of the research.
Submit Abstracts to: Erick T Byrd, PhD, Department of Recreation, Tourism, & Hospitality Management, The University of North Carolina at Greensboro, PO Box 26170, Greensboro, NC 27402. Phone: (336) 334- 3041. Email: etbyrd@uncg.edu
Conference Registration: For information about the conference registration contact:
SETTRA/ Southeast Tourism Society
3400 Peachtree Rd., ND; Suite 725 Atlanta, GA 30326
Phone: (404) 364- 9847 Fax: (404) 262- 9518
http://www.settra.org / http://www.SoutheastTourism.org
Freak Accident is really a normal occurrence.
Posted: September 27, 2008 Filed under: Uncategorized Leave a comment
In what is being described as a “freak accident” a 14 year old died when he fell out of a tree at a summer camp in the Catskill’s. See Teen dies in summer camp accident. The youth was 30 feet up a pine tree when a branch broke and he fell to the ground.
The freak part must have been the branch breaking rather than a child falling out of a tree. If you mix trees and kids, kids are going to climb trees. And branches have been braking before kids started climbing trees.
Out condolences to the family.
For more information see: Boy, 14, dies after falling 30 feet from tree
Shallow Water Blackout Article
Posted: September 26, 2008 Filed under: Uncategorized Leave a comment
Parks and Rec Business Magazine has a very interesting article on shallow water blackout. The article was written by a professor who experienced it personally. See Shallow Water Blackout: Get the Facts to Prevent Drowning. The article is very interesting and does a great job of describing this easy way to die when you are snorkeling or trying to hold your breath underwater.
Shallow Water Blackout is difficult to recognize and yet can kill a swimmer from consciously attempting to hold their breath. This occurs, as the article describes when trying to increase a snorkeler’s time underwater.
Releases/Waivers: The basics, the very basics!
Posted: September 26, 2008 Filed under: Release (pre-injury contract not to sue) | Tags: Law, Legal release, Release, Releases / Waivers, Waiver, waivers Leave a comment1. A release cannot be written by anyone other than an attorney. Sure you can try and write one but you are just wasting paper, or killing trees. Releases must meet the specific legal needs and requirements of your state, your activity and numerous other issues. See Releases 101.
2. Some states require the use of “magic words” to make the release enforceable. Without those words you are back to killing trees. See What is a Release?.
3. You release must make sure that the correct law that will be applied to the case and the correct location where the lawsuit will occur are identified so the release is valid. See States that do not Support the Use of a Release.
4. After that the issues that require a release to be correct still go on. The legal terminology for who is going to be protected by the release. The correct terminology for who is going to be prevented from suing in the release is critical.
5. At the same time, your release cannot be written in legalese in many jurisdictions.
6. Your release must be checked every year to make sure it is up to date. Each year a judge someplace decides to tweak or in some cases totally change how state law applies to releases. If you are in the state where that occurs you MUST know and make changes. See States that do not Support the Use of a Release.
7. Are you clients under the age of 18? That is sets up more requirements for writing a release. See States that allow a parent to sign away a minor’s right to sue.
These are but seven of hundreds of issues that must be covered for a waiver to be upheld in a court of law. There is no easy checklist of items to cover. Each state is different, each activity is different. As an example there are 50 states, and several territories, with equine liability acts. No one release will work in many of the other states. Add into that mix skiing statutes, whitewater rafting statutes and you are all ready at hundreds of different requirements that must be met for different statutes. See What is a Release?.
You can’t write your own release unless you just want to waste paper.
For more articles on releases see:
Well written decision from Wyoming defines release law and how releases should be written.
Plaintiff signed two releases and wanted them both thrown


