Lawsuit update: Utah Bear Attack
Posted: May 12, 2008 Filed under: Utah | Tags: Bear attack, Lawsuit, Salt Lake City Leave a comment
We reported in The State of Utah is now responsible for what bears do that the state of Utah was being sued along with the Federal
West of Marysvale, Utah (Photo credit: brewbooks)
Government (USFS) over the death of a child killed by a bear.
The State of Utah has filed their answer to the lawsuit saying that the Forest Service is responsible for the bear. See State denies responsibility for fatal bear attack on boy. The state is also claiming the Utah Governmental Immunity act protects it as well as the family of the deceased brought food into the campsite.
Copyright 2011 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
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Letter to the editor: Camp Business
Posted: May 9, 2008 Filed under: First Aid | Tags: Camp Business, first aid, Good Samaritan law, Health care, Health care provider, James H. Moss, Law Leave a commentMay 1, 2008
Rodney J. Auth, Publisher
Camp Business
PO Box 1166
Medina, OH 44258-1166
Camp Business May/June 2008
I read with interest and concern the article Medical Matters in the May/June Camp Business. I believe it should be pointed out that no liability protection is provided by receiving doctor’s standing orders or physician protocols. I’m going to use the term protocol to refer to standing orders. This is the term used in the medical industry and by state statutes to define a physician directing a non-physician to do a procedure that is more than first aid. A physician issuing a protocol which the camp follows does not provide any liability protection to a camp.
There are two main issues that define how a protocol can be issued by a physician. The first is to whom the physician’s protocol is transmitted. That can be either a licensed health care provider within the scope of their duties as defined by state law or an employee of the physician under the supervision and control of the physician.
A licensed health care provider is a nurse, physician assistant, paramedic or emergency medical technician; someone is has been issued license by the state. Whether and how someone is licensed is controlled by state law and varies by state. The scope of the duties a licensed health care provider can provide outside of the supervision and control of a physician also varies by state. A good example is the states are split about evenly on whether an EMT can use epinephrine without a physician’s approval. This difference is also important if you are hiring a health care provider. Make sure you hire the person who is licensed by the state to perform the level of health care you expect under the law where the health care is to be performed.
The second, if a person is not a licensed health care provider they may still be able to act, however they must be under the direct supervision and control of a physician. That generally means the physician has trained the person in the procedure, the physician has employed the person to administer the procedure and the physician is within the distance required by law. Distance varies by state. In Colorado the physician must be within 30 minutes of where the procedure is being done and be able to get there. In Arizona the physician must be in the same room as the person administering the procedure.
As such, for most camps in most states physician protocols for non-licensed camp personnel provide no liability protection. Any liability protection that a proper protocol does provide does not stop any litigation; it just changes the claim from failure to provide proper first aid to a medical malpractice suit and ads the physician as a defendant.
Also of concern is asking a physician to issue a protocol that puts the physician at risk for review or worse by their state physician licensing agency.
Things have changed dramatically from my camp staff days. One of the main duties in preparing for the campers was scraping the m off M&M’s in anticipation of homesickness problems.
Sincerely,
James H. Moss
Editor Outdoor Recreation Law Review
www.snewsnet.com/lawreview
http://rec-law.blogspot.com/
For more information on this subject see: Legal Issues in First Aid #3: The prescription drug conundrum, Legal Issues in Wilderness First Aid: Value of various first aid certificates and training, Arizona adopts epinephrine Good Samaritan law, Legal Issues in Wilderness First Aid
Sometimes you only have to point things out
Posted: May 9, 2008 Filed under: Uncategorized | Tags: American Civil Liberties Union, Civil Liberties, Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008, Law, Organizations, United States Leave a commentACLU Challenges Va. Law Banning Nude Summer Camps
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‘TIS THE SEASON FOR INJURIES…. possibly Leading to the season of lawsuits!
Posted: April 29, 2008 Filed under: Skydiving, Paragliding, Hang gliding | Tags: Defendant, Insurance, Lawsuit, Parachuting, Plaintiff Leave a commentSeveral news reports have described lawsuits between skydivers who collide. In one case, one skydiver had logged 1800 jumps when he was hit in midair and injured by another skydiver. The injuries ended his skydiving and work career. A judge ruled the skydiver (and friend) who hit the Plaintiff (the injured skydiver) was negligent and awarded the Plaintiff $748,000. See Skydiver Wins Lawsuit Against Teammate. Yet skydivers hit each other every once in a while. See Skydivers injured in midair collision and YouTube has several videos of skydivers colliding.
The accident occurred when an eight-man team including the Plaintiff and Defendant, ended a formation and broke apart to open their chutes. The Plaintiff and Defendant where both members of the team and had been practicing these maneuvers. The Defendant’s elbow hit the plaintiff in the head, knocking the Plaintiff unconscious and tangling the chutes. The Defendant was able to free himself from the tangled chutes and landed safely. The Plaintiff was not and fell suffering broken bones and brain injuries.
The lawsuit seems to be full of folly. (A politically correct term in this case.) Immediately what comes to mind is that someone with 1800 jumps knows, understands and assumes the risk of an injury. The judge did not see it this way. For this discussion, however, a different point needs to be discussed. Does your release protect your customers from this type of lawsuit?
Your customers can be involved in lawsuits in three ways:
- As the Plaintiff – the person initiating the lawsuit.
- As a witness to the incident which caused the lawsuit.
- Rarely do we think of our customers as a Defendant in the lawsuit. However as rare as we may think it is, it is more common then you would imagine. (Co-participant liability)
Numerous articles have discussed the first case, i.e. as a Plaintiff, previously in this newsletter and it will continue to be our focus, however, the 2nd and 3rd ways your clients can be sued are also important. That your clients may be brought into a lawsuit as either a witness or a defendant is also quite important to you and can have a tremendous impact on your business. Some examples of how your clients can be involved as witnesses or defendants follow.
Having your customers called as witnesses can create significant public relations problems: You have six customers in a boat. One is injured and sues another customer. You have four other customers who are subpoenaed as witnesses. I can foretell that you now have six angry former customers. There is not much you can do which will appease everyone involved, except to end the lawsuit quickly; assuring the other witnesses they are not going to be brought into the suit as parties. (“Parties” is the term that defines Plaintiffs and Defendants).
In the 3rd scenario, your customer could be sued in part because you can’t and the injured person is looking for money: The future plaintiff walks into an attorney’s office and describes his injuries and the accident to an attorney. The attorney, after discovering a release, (and realizing he cannot sue the outfitter) decides to sue the person who caused the injury, your customer. Your customer fell off the raft, knocking the injured person into the water; or started the avalanche while backcountry skiing; or the youth who while playing falls on a tent injuring the occupants inside.
For whatever reason, your customer is now in a precarious situation. They may or may not be liable for the injuries. In the latter instance, they are upset over lost time and money. If they are liable for the injuries, they may be confused as to why someone would sue them for an accident while recreating. Either way, they may be mad at you for not helping them out of a bad situation.
Worse, the defendant/customer may not have insurance to cover the cost of the defense or any judgement. Normally homeowner’s insurance will cover this type of claim, however not all homeowner’s policies may cover this and not everyone has homeowner’s (or condor or renter’s) insurance.
Other than moral support, you cannot provide much help – except from your own pocket. Your insurance policy is only available if you or your employees are the named defendants. No matter what you may want to do, you are paying your own bills for attending the courtroom drama, (which is nothing like TV, in real life, the main problem is always keeping the judge and jury awake!).
However, your insurance company should be paying your attorney to be their. There are probably going to be several issues that could lead to problems if your attorney is not on top of the case.
Bad press is also going to accompany any lawsuit between your clients. The press will jump on this and wonder why you are not involved. The defendant client will bring in the press to ask the question of why you have not been named as a defendant as well. Either way, from the sideline you appear uncaring or apathetic while your clients beat each other up in court.
But this can be prevented. When your release is being written, make sure the “people” covered by the release includes everyone. Not just the employees, but Directors, Officers and Agents of the corporation, employees, managers and owners of the business, and “OTHER PARTICIPANTS.” This is a very simple solution to what can be a disastrous affair.
EXAMPLE
You are running a Mountaineering course and one climber slips, fails to self-arrest and slams into another climber. Besides sixteen puncture wounds from the crampon points, the injured participant has a broken ankle and no insurance. There is a question as to who failed to keep the tension between the falling client and the guide who was first on the rope. Did the guide slow down, did the student speed up or did they both fail to be observant.
You and the client who fell are sued.
In the normal scenarios the insurance company lawyer files a motion. Based on the release, the company is dismissed leaving a very angry student to stand alone for the damages.
In scenario #2, you are not dismissed from the suit. Your defense is to try to blame the client who fell. You now have a very mad student and a bad reputation in the industry.
Scenario #3: The falling client with no money forms an alliance with the injured client to testify against you and leave you holding an empty money bag.
Scenario #4: Your release defends both you and the falling student thus protecting that student from liability. You have a good witness on your side rather than one running to offer their cooperation to the opposition and between the release, assumption of risk, and the guide and client as witnesses you have a good defense.
The simple inclusion of language protecting everyone in the lawsuit can keep your and your clients coming back for more accidents in the wilderness.
Here, the release covering everyone shows the witnesses they are not going to be drug into the suit. Also, the release helps your clients understand the suit should end quickly. However your clients feel, whether the injured party needs money or is wrong, NO ONE wants to be involved in litigation.
Prijon Kayaks (Wildwasser Sports) is having a garage sale.
Posted: April 25, 2008 Filed under: Uncategorized Leave a commentPrijon is cleaning up their warehouse and has a lot of old, new, historical, perfect condition stuff they want to get rid of. Everything from spraydecks and paddles, boats, sewing machines and trade show fixtures is available. If you are interested in checking things out you must call first at (303) 444-2336 and let them know you are coming.
They are located at 7161 Valtec Court Boulder, CO 80301 which is between Boulder and Lafayette.
Child falls on auto belay at climbing wall
Posted: April 24, 2008 Filed under: Climbing Wall | Tags: Belay device, Belaying, Charlottesville Virginia, Climb, Climbing Wall, Commercial Gyms, Indoor, Recreation 2 Comments
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An 8 year old girl was climbing at the Boar’s Head Sports Club of Charlottesville Virginia on an auto belay device when she fell 15′. She suffered a minor fracture to her foot after landing on the padding at the base of the wall. The contractors who installed the climbing wall is attempting to determine what failed.
What is always interesting in these cases is a competitor not understanding the industry and helping to start a lawsuit. In this case when contacted by the media, a competitor says sure auto ascenders fail. The industry is too small and there is not enough insurance for competitors to be making those dumb statements. See Insurance for Paddlesports Companies
See Off belay: Child falls from Boar’s Head climbing wall
Sometimes you don’t need to comment
Posted: April 23, 2008 Filed under: Uncategorized Leave a commentBear gave off no reasons for concern before trainer’s death
BSA develops successful defense strategy: Train your attorneys
Posted: April 22, 2008 Filed under: Insurance, Risk Management | Tags: Boy Scouts of America, BSA, defense, Law, Scout Leave a commentThe Boy Scouts of Americawent from a poor win record to almost a perfect record by organizing and training their attorneys. Business Insurance
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reported in an article Risk Manager of the Year, published April 24, 2006 that the BSA’s risk manager had organized their defense counsel to make these dramatic changes. In doing so the Risk Manager, Debra Griffith, became the Manager of the Year for her success.
The first approach was to create a unified defense strategy. One law firm was hired to coordinate all lawsuits. This took the claims out of the hand of the insurance company who hired good counsel but never provided additional support for the defense attorneys. Information and successfully strategies where then routed to all attorneys handling cases providing solid ideas and information.
A second approach was to make sure all interrogatories where reviewed by the BSA defense team. This made sure that all interrogatories were answered correctly and the same way.
If you did not know, the plaintiff’s bar has been filing documents for years so answers to interrogatories form another case can be searched to find inconsistencies.
The third idea, and to a large extent the most controversial was a unified training program of all defense counsel…..at a Boy Scout Camp. This allows the defense counsel to get a real feel for the BSA and how the program works. These training programs encourage information and idea sharing both at the conference and when the attorneys go back to home.
It is this last idea that I find so exciting and valuable. From studying motions and briefs and talking to other attorneys in cases the only difference between winning and losing is not the facts of the case but how well the attorneys representing the defendant understand what the defendant was trying to accomplish and how. It is one thing to understand the problems when someone is injured on a ropes course. It is another when the defense team understands the physics of the activity as well as the goals of the participants in the activity.
Another way of looking at this is horseback or equine suits. Falling off a horse produces the same type of defenses: release, equine law and assumption of the risk. However the risks can be explained in a much better way when the plaintiff was part of a weeklong camp program versus someone who rented a horse for a day. The education and care that a camp provides is much different and creates a very different atmosphere from a trail ride offered out the back door of a conference center. Knowing why people are riding the horse can be important in defending a case as knowing the legal issues.
Reading between the lines is to not leave this solely to your insurance company. They will not hire the best law firm, they will not assist in training or getting the firm up to speed, they rarely understand your program and they won’t support you if the dollars look better to sette.
My own experience supports this idea. In the outdoor recreation industry we win cases when the defense firm understands what they are defending rather than throwing the case in their pot and following the same old strategy. Outdoor recreation is different from an auto accident, a fuel spill and a breach of contract. The participants and the outfitters/facilitators/guides are working together to accomplish goals. These facts combined with an attorney who understands the goals of the program, the program and the defenses create a win.
Is your Release and Risk Management Program Up To Date?
Posted: April 17, 2008 Filed under: Release (pre-injury contract not to sue) | Tags: California, Colorado, Connecticut, Idaho, Law, Risk Management, Utah, Wyoming Leave a commentIt’s that time of year. If you are an outdoor recreation program, summer camp, challenge course or outfitter have you had your risk management program reviewed and ready for the summer? Is your release up to date? Have you had an attorney review your release to make sure it complies with the latest court decisions, changes in the law and what the rest of the industry is doing?
Release laws for your state and activity may not change for years, but sometimes it can change monthly. Connecticut, Utah and Arizona Supreme Courts have recently handed down decisions that complicate the laws in those states. Many other states including Colorado, California, Wyoming, Idaho and most eastern states have had decisions that may modify your release.
It’s that time of year, to get ready for the season, make sure your risk management and legal needs are up to date also.
Storm Over Everest
Posted: April 17, 2008 Filed under: Mountaineering, Uncategorized | Tags: Altitude, Climbing, David Breashears, Everest, Expeditions, Mount Everest, Mountaineering, Recreation Leave a commentDavid Breashears has created a stirring and thought provoking movie in Storm over Everest. I saw the movie last year at the Telluride MountainFilm
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Festival. The premise of the story is people who survived the 1996 Everest storms. David went back and interviewed the survivors, all but one I believe, from the 1996 Everest mess. (I am hesitant to call any wilderness high altitude death a disaster, it is simply what the mountain, weather, time and luck create). The recollections and thoughts about what happened ten years later are thought provoking, scary, exhilarating and very interesting.
For more information about the film see PBS Frontline Storm Over Everest which is scheduled to premiere May 13, 2008.
What struck me though was the attitude of the people ten years later. Some of them are still a little dumb founded they were not rescued by their guides. It is not overt statements by the survivors, but subtle statements that show a little confusion or mystery in the participants mind.
If you are an outfitter or guide, you might want to watch to see how your participants may look at you for their safety.
Either way, the movie answers a lot of questions about that chapter of Everest’s history and is truly worth seeing.
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Copyright 2011 Recreation Law 720 Edit Law, Recreaton.Law@Gmail.com
Grieving Father starts organization to make skiing safer
Posted: April 16, 2008 Filed under: Skiing / Snow Boarding | Tags: California, National Ski Area Association, Ski Resort Leave a commentI’ve written about the issues that are the reasons why people sue. See Serious Disconnect: Why people sue., Common Mistakes made by Outfitters and Insurance C…, Another lawsuit asking for change, but only going …, and It’s Not Money. This article tackles the work of a grieving father who is dealing with the death of this daughter in a different way. See One man’s mission to make skiing safer.
Dan Gregorie lost his daughter, Jessica, at Alpine Meadows Ski Resort in 2006. His daughter was walking along the northern boundary of the resort when she dropped her snowboard over a cliff. When she attempted to collect the board she fell over the cliff.
The area that Jessica fell over was not marked with a fence or a warning sign.
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Dr. Gregorie has started the California Ski and Snowboard Safety Organization. The purpose of the organization is to have all ski areas use similar safety language at all resorts in the US.
The organization website states:
The resorts website is a little lacking. It uses the death of three Mammoth Ski Patrollers as an example of what can be done after a death at a resort. Interesting, but none of the changes the organization is promoting would affect these deaths. The other examples are equally weak as examples of government regulations controlling resorts. As a physician, a member of a group that is constantly fighting more government intervention, requesting or citing more government intervention seems to be hypocritical. However that is an assumption on my part, Dr. Gregorie may like government intervention.
The one link on the website is to www.skilaw.com. This site is run by Jim Chalat an attorney who represents plaintiffs in skier v skier collisions and suits against ski resorts.
Dr. Gregorie argues that the slope ratings are not standardized. The current Green, Blue, and Black are made by each resort which the website says is not enough. He also wants resorts to mark hazards consistently such as terrain grading, managing traffic and padding trees and fences at sharp turns. I have yet to see an instrument or machine that can grade a slope. Even if done by a committee the slopes are going to grade different across the US. Even more importantly, who should the slopes be graded for, the customers or a national average. A blue or black run from Ohio or Michigan is graded that way for the Ohio or Michigan customers. A blue runs means it is harder than a green run. Skiers understand that slope grading is done for that ski area and recognize that a black run in Ohio may be different than a black run in Colorado.
The website seems to be going both directions. It quotes extensively form the National Ski Area Association but at the same time shows how resorts have been fined for problems and links to a plaintiff’s attorney.
Notwithstanding the fact the National Ski Area Association has been trying to standardize signs across the industry, the better issue to explore is why?
None of the issues that the organization is striving to achieve would have prevented Jessica Gregorie’s death? Yet her father wants to save others.
I have no answers; I’m not trained to analyze those issues. However this is an example of the energy and emotion that can be created after the loss of a loved one. Think if this energy was directed in a negative way, against the ski area.
$400,000 challenge course settlement for shattered ankle
Posted: April 10, 2008 Filed under: Challenge or Ropes Course | Tags: Ankle, California, Los Angeles, Ropes course, Settlement, Teacher 1 CommentThe Appeal-Democrat is reporting in Sutter County teacher’s broken ankle worth $400,000 that a ropes course injury was settled for $400,000 right before the start of trial. The ropes course was owned by the Sutter County California School District and the experience was part of a conference for teachers.
The plaintiff was being lowered to the ground after crossing a catwalk when she separated from the lowering rope and fell approximately 10 feet shattering her ankle. As she was being lowered the plaintiff claims she was told “trust me, I will not let you fall.”
The plaintiff stated “I didn’t want to go. I was told I didn’t have a choice.” “As a nontenured teacher there is a lot of pressure to do everything that is set before you to do,” Gale said. “The idea of tenure is a key to why I did it.”
This is a classic example of “challenge by choice” not being fully recognized by everyone. Even though the participant at the moment might decide to participate, the entire event is not a choice. The participant is there as part of a corporate or work affair where they believe they have no choice if they want to maintain or move up in their career. This presents a real dilemma for the judge and jury; did the participant really want to be there? Did the participant really assume the risk?
Life is a roller coaster. You can either hang on for dear life and be scared, or you can enjoy the ride, screaming through life with a smile on your face.
Posted: April 9, 2008 Filed under: Uncategorized | Tags: Recreation, Roller coaster Leave a commentLife is a roller coaster. You can either hang on for dear life and be scared, or you can enjoy the
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ride, screaming through life with a smile on your face.
The State of Utah is now responsible for what bears do
Posted: April 7, 2008 Filed under: Uncategorized | Tags: American Fork Canyon, Lawsuit, Provo Utah, US Forest Service, USFS, Utah, Utah State 1 CommentA family from Provo Utah is suing the State of Utah and the US Forest Service for the death of their son by a bear. Samuel Ives was killed at a campground in American Fork Canyon by a nuisance bear. The family is claiming the State of Utah who “own” the wildlife and the US Forest Service on whose ground the bear was roaming and the campground was located.
The family says they are experienced campers and understood the risk. However if they had known that a nuisance bear was in the area they would not have stayed 15 minutes.
The state and the USFS had two chances to warn them of the fact that a dangerous bear was in the area.
See Family files lawsuits over fatal bear attack and Family to file lawsuits over fatal bear attack
Kayak rental shop found not liable in kayaking death
Posted: April 2, 2008 Filed under: Paddlesports | Tags: Canoes and Kayaks, Kayak, Lifejacket, Maui, Renting, Watercraft Leave a commentIn a case with very conflicting facts, a Federal Jury has found a Hawaiian kayak rental company not guilty for the death of a kayak renter. The Star Bulletin reported in Company not guilty in Maui kayak deaththat the rental company was not liable for the death of a woman whose body has not been found.
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The claims of the husband were the kayak rental company should not have rented the kayaks to the couple because of small craft warnings. The company claimed the husband had rented kayaks twice before with no problems and they had told the husband to kayak close to shore where they would be protected by the winds.
The facts of the case were in dispute as to how the wife died. The husband claims they were swept out to see and she was attacked by a shark. However the life jacket that was found showed no bite marks and there was no other indication of problems.
Recreation Center Roller Rink wins lawsuit based on Assumption of the Risk
Posted: April 1, 2008 Filed under: Assumption of the Risk | Tags: Assumption of risk, Roller skates, Roller skating, Skating, Sports, Venues Leave a commentThe Mid Coast Recreation Center of Rockport Maine successfully defended a lawsuit from a school teacher injured roller skatingon a school trip.
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MaineCoastNow.com is reporting in Mid-Coast Recreation Center in Rockport successfully defends itself in negligence lawsuit that the Waldoboro elementary school teacher lost her case at trial. The teacher suffered a fractured shoulder after she was struck from behind by a student. The trial was two days long and ended after the judge entered its order for the rec center.
The Judge ruled on two different legal theories the first was based on the claims of the teacher. She argued the rec center did not have enough employees patrolling the rink. The judge ruled the plaintiff failed to prove that more employees would have prevented her injury to be successful on her claims. The second argument was the teacher assumed the risk of her injuries when she decided to roller skate. For more information on these legal theories see Assumption of Risk and Inherent Risk in Higher Outdoor Education, Case Brief: New York Court Finds for Club Med in 2002 Patron Bike Fall and Case Brief: City of New Orleans and Dog Owner not Responsible for Injured Cyclist.
Large Jury Award in death of 9 year old Camper
Posted: March 31, 2008 Filed under: Paddlesports, Summer Camp | Tags: American Canoe Association, Camp Ozark, Canoe Trip (Crabapples), Canoes and Kayaks, Houston Chronicle, Sports, Water Sports 1 CommentA jury awarded $5 million dollars over the death of Sam Schubert when he was pinned under his canoe on a camp river trip. The Houston Chronicle reported the case in Trial in canoeing death of boy, 9, begins that the boy was at Camp Ozark and on a canoe trip when he was trapped in a strainer. The article pointed out the leader of the canoe trip was not certified in canoeing. The Injuryboard.com reported the jury awarded more than $5 million Summer Camp Found Negligent in Boy’s Death.
This is another example where marketing programs are creating lawsuits. The outdoor industry is running around madly attempting to get new business and at the same time hold itself out as safe. The word certification is touted as the end all be all of that issue. Here because the canoe trip leader was not certified, then the camp had to be at fault.
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The American Canoe Association, ACA has been teaching canoeing for almost 100 years. They also teach people to teach canoeing. They call the people who pass its canoe teaching course as certified. They not offer certification for anything else. They do have courses in any other aspects of canoeing and kayaking, and they don’t certify anyone in those disciplines.
The trial in this case was appealed to the Texas Appellate Court NO. 14-02-00723-CV, Ozark Interests, Inc., d/b/a Camp Ozark and Ozark Boys Club, and R. Sam Torn, appellants v. Allen Schubert and Majorie Schubert, individually and on behalf of the Estate of Samuel Schubert, a minor, deceased, Appellees. However the appeal was dismissed because the case was settled. No additional information can be found, but usually this means the parties negotiated a deal, usually for less than the jury award.
8 Year old boy sued in Colorado for ski collision
Posted: March 27, 2008 Filed under: Skier v. Skier, Skiing / Snow Boarding | Tags: Beaver Creek, Beaver Creek Resort, Colorado Skier Safety Act, Lawsuit, Ski, Vail Daily Leave a commentMost state Skier Safety Acts and several court decisions have stated that skier v. skier collisions are an inherent risk of skiing. Colorado is one of the exceptions to that rule. The Colorado Skier Safety Act specifically allows people involved in a collision to sue each other. Colorado Revised Statute § 33-44-109. Duties of skiers – penalties.
(1) Notwithstanding any provision of law or statute to the contrary, the risk of a skier/skier collision is neither an inherent risk nor a risk assumed by a skier in an action by one skier against another.
This seems to have been taken to a new level in a case over a collision January 2007 at Beaver Creek‘s Arrowhead Ski Resort. The Vail Daily is reporting in Boy, 8, sued in Beaver Creek ski collision that an eight year old boy allegedly skied into a 60 year old man causing him injuries.
The 8 year old boy claims he only tapped the elderly gentleman with his ski boots. The 60 year old claims he tore a tendon in his shoulder and suffered considerably medical expenses. The suit is in Federal District Court in Denver meaning the damages allegedly suffered are at a minimum in excess of $75,000. The boy’s father is being sued because you cannot sue a child in Colorado; you sue the parents of the child for the child’s actions.
The issue has escalated with the plaintiff requesting a gag order be imposed on the parties. The plaintiff was receiving so many nasty phone calls and hate communications he hoped it would keep the defendant from commenting and stirring people up over the suit. The plaintiff, no matter whom, good or bad, should not be receiving this type of communications. We are of course a civilized society. As long as civilized societies allow you to sue kids. (See Gag order denied in Beaver Creek collision lawsuit)
Nor are we discounting the injuries the plaintiff received.
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The bigger problem is Colorado allows lawsuits by people for things that most states call an accident. You assume the risk of all the things that can go wrong when skiing. The Colorado Ski Act in the same section that allows people involved in a collision to sue each other prohibits the parties in a collision from suing the resort for the collision.
If the actions of a collision are so severe then the reckless party can be charged with a criminal act that should be enough of a deterrent. If you are skiing so recklessly that your actions are criminal, if you hit someone you will be charged with a criminal act. (See SkiSafety.com)
Women dies falling from climbing wall
Posted: March 27, 2008 Filed under: Climbing Wall | Tags: Climb, Commercial Gyms, Gym, Recreation, Rock climbing Leave a commentA 19 year old woman died after falling from a climbing wall as reported by the Wichita Falls Times Record News in Woman dies after fall from tower. The climbing gym is inside a 100 year old elevator which allows participants to climb up to 100 feet. The climbing gym had expressed its sympathy over the incident. See Gym reps express sympathy
Image by Getty Images via @daylife
No other information was given.
Central Texas Recreation Center Climbing Wall Injury
Posted: March 19, 2008 Filed under: Climbing Wall | Tags: Climb, Climbing Wall, Commercial Gyms, Indoor, Texas, Waco Texas Leave a commentKWTX.com of Waco Texas is reporting a 12 year old girl fell from a recreation center climbing wall in Temple Texas. She landed on padding and was taken to a local hospital. The recreation center inspected the equipment and found it to be in good working order. The girls injuries were not life threatening. See Central Texas Girl Falls From Indoor Climbing Wall
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Travel Insurance Issues Outlined
Posted: March 18, 2008 Filed under: Insurance | Tags: Health insurance, Insurance, Insurance policy, Travel, Travel insurance Leave a commentThere is a great article on understanding travel insurance at Understanding Travel Insurance For Sports And Hazardous Activities. Most people don’t use it, but when you are spending several thousand dollars for an adventure vacation it can be valuable. As an example, if were planning a trip to the North side of Everest this spring, you just had your trip cancelled by the Chinese as they attempt to put the Olympic torch on the summit. Trip insurance might help recover your costs.
Travel insurance is divided into two different types of travel policies, although both are referred to as travel insurance.
The first is a policy that covers your cost of the travel part of the trip. Your flight, your hotel costs, those things that are about a trip. Some of these policies cover lost luggage, the cost of extra charges on a cancelled flight, those pure travel related issues. This type of policy would help you recover your costs if you had been scheduled to climb Mt Everest from the North this spring. Most of these policies would cover your costs in your flight, hotel and some incidental costs for the cancelled trip.
The other type of policy includes health or medical insurance for injuries that may occur while traveling. These policies may or may not include covering a rescue or evacuation. It is this second type of policy this article addresses. They are great gap fillers if your health insurance policy is geographically limited or limited to the extent of coverage or activities covered.
Some policies can be purchased that combine travel coverage and the medical coverage under one policy. Both policies usually cover the extra cost of getting home earlier than planned on a flight due to an illness or an emergency.
The valuable part of the article discusses the difference between an accident on an excursion or activity that is an adventure which would be covered and an adventure activity which would not be covered. One is incidental to the main trip which most insurance policies cover and the other is an adventure trip that is not covered by most policies. That is a trip where you are doing a five day safari riding elephants would not cover falling off an elephant. However a trip to Africa where one afternoon you ride an elephant and fall off would be covered. Read the fine print before you buy and buy the policy that covers your trip and trip needs.
Ropes course injury
Posted: March 11, 2008 Filed under: Challenge or Ropes Course, Zip Line | Tags: Pulley, Rock climbing, Ropes course, Youth With A Mission Leave a comment
Image via Wikipedia
Chemeketa Community College was offering a ropes course for its leadership development class at a ropes course of Youth with a Mission. While being hoisted via a pulley system to a zip line platform something went wrong the participant fell 10 – 12 feet. The participant, who was confined by a wheelchair, was wearing a harness and helmet at the time of the injury.
The participant was taken to the Salem Oregon Hospital with trauma injuries. The incident is currently being investigated.
Reported by the Salem Oregon Statesman Journal at Man injured in fall at ropes training course.
Want to work in the climbing and mountaineering industry?
Posted: March 8, 2008 Filed under: Climbing, Climbing Wall | Tags: Customer service, Customer Support Leave a comment
JOB OPENING: Sales & Service Assistant
Start Date: Mid-late March 2008
Location: C.A.M.P. USA Offices – Broomfield, CO
Weekly Work Expectations: Monday-Friday, 20 hours per week
C.A.M.P. USA, US distributor for the Italian climbing gear brand C.A.M.P., is looking for a Sales & Service Assistant to help with sales support, customer service, general office assistance and other professional duties. The Sales & Service Assistant will be tasked with responsibilities that include the following: interaction with dealers and customers, order entry and tracking, customer service, sales support, maintaining customer databases, coordinating sales trips and presentations, and general data management. It is our expectation that the ideal candidate will grow into other managerial duties like dealer management and sales.
C.A.M.P. USA is a growing company that prides itself on delivering the highest quality customer service to support sales of the most technical climbing hard goods in the world. The ideal candidate for the Sales & Service Assistant will have a desire to work in a small business where they will be challenged to apply their knowledge and time to a wide range of duties and tasks.
Interested applicants should submit a cover letter detailing their relevant work history and ambitions along with a resume detailing relevant education, work and personal experience as it applies to the position of Sales & Service Assistant. Applications can be sent to C.A.M.P. USA Managing Director Tommy Knoll at tommy@camp-usa.com.
Serious Disconnect: Why people sue.
Posted: March 8, 2008 Filed under: Uncategorized | Tags: Chronicle of Higher Education, Greenfield Community College, Insurance, Lawsuit, Lawsuits, Litigation, United States district court, why people sue Leave a commentOne of the common themes you see running through these posts is the “disconnect” between the plaintiff and defendants in a lawsuit. This disconnect is between what the plaintiff is asking for and what the defendant believes the plaintiff wants. The defendant always believes the plaintiff wants money. The only thing a court can provide is money, no matter what the plaintiff may want. When you read the plaintiff’s statements however plaintiffs rarely are asking for money. Plaintiff’s want answers, want a response, and want to know why.
Defendants are prevented by insurance companies and attorneys from dealing with possible plaintiffs because insurance companies and attorneys know their client will make the lawsuit worse. (For proof read the back of your automobile insurance card.) This is where the disconnect starts. The plaintiff has a question and the defendant is not allowed to answer the question.
An article in The Chronicle of Higher Education titled Family Uses Web Site to Publicize Their Son’s Injury at Camp Run by Community College is a perfect example of these issues.
The facts of the original case have been broadcast in the media and on the web but need to be reviewed here. Twelve year old Adam E. Dzialo had gone to a summer camp run by Greenfield Community College. During a whitewater activity Adam’s foot was caught and he was submerged for several minutes suffering permanent brain damage. Adam is now minimal functional, paralyzed and unable to hear.
The college had just undergone an Association of Experiential Education accreditation review where the review report alleged stated the whitewater program needed more instructors.
Accrediting Program Increases Liability Exposure
This accreditation report created the issue in everyone’s mind that has continued to plague the college. If the “group” you paid to come in and review you said to add more instructors, why did you not add more instructors? This also highlights the risk of asking a group to come in and review you. If you are not going to heed the review, don’t ask for the review. Someone else may look at the review.
Plaintiff’s filed suit
Adam Dzialos parents filed suit against the college. However the college was protected by government immunity and that lawsuit was dismissed. The parents then sued for violation of Adam’s civil rights in Federal District Court. This is a way to get around the governmental immunity defense in most states, but the damages are much more limited in this type of lawsuit.
The Dzialos have now set up a website to publicize their son’s progress and their issues with the college.
Plaintiff’s comments about the suit
Of greater interest though are comments the Dzialos have made about the website and the college. The following statements have been reported to the media.
“They [Dzialos] wanted to know why only one of the camp’s two counselors was on hand for a white-water river rescue exercise that day.”
“They wanted to know why they were not notified first by college officials but nearly two hours later by the hospital where their son was taken for treatment.”
“….the Dzialos say they have gotten little response from officials at the Massachusetts college.”
“….and to help educate the community about camp safety.”
“But they say what they really want is an apology from the institution.”
“”Instead of dealing with all these issues of honesty, they would rather protect their mortar and bricks,” says Adam’s father, Philip A. Dzialo.”
“”I’m hoping that there is enough community response that the college will say, Because these are our consumers, we should sit down with these people and hear what they have to say,” he says.”
The only statement indicating the Dzialos want any money out of the college is this last one and it is not a quote.
“So they decided to set up a Web site to provide information about their son’s rehabilitation progress and to pressure the college to assume some responsibility for his injuries.”
At the same time, this statement could also mean they want the college to acknowledge they are wrong, which does not necessarily mean they want money. The medical bills have forced the Dzialos to file bankruptcy.
Although by this point, money is probably necessary to ease the issues facing the family. But the amount of money might be significantly reduced if the college agrees to meet and accept responsibility for what occurred. There is a fear that apologizing will prove liability, but that is not the case. No lawsuits have ever shown an apology to be more than an apology. Several states protect apologies from being used as a statement of liability and if made during settlement negotiations the apology cannot be used in court.
The Disconnect
The college knows, because their attorney and insurance company have told them so, that the Dzialos want money. The Dzialos attorney wants money that is how he or she makes a living. But the Dzialos have never made a statement that they want money! They want answers
This is a serious disconnect. And it pervades our society. One side is convinced it knows what the other side wants, no matter how many times they are told differently. No matter what, the only thing one side can get is money and the only thing the other side is allowed to give is money. Yet neither wants to deal in that medium
What do you think? Leave a comment.
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Outdoor Recreation Program Directory and Data/Resource Guide
Posted: March 7, 2008 Filed under: Uncategorized | Tags: Adventure travel, David Webb, JimMoss, Outdoor recreation, Rock climbing, Ropes course, Ski Resort Leave a comment
Ventura Beach House - ODR Trip (Photo credit: Presidio of Monterey: DLIFLC & USAG)
A book I keep within arm’s reach is the Outdoor Recreation Program Directory and Data/Resource Guide. Started by David Webb, M.A. and continued by Dr. Raymond Poff, this is a listing of college and university recreation programs: degree, non-degree and activity. The book also includes military programs. It is a very comprehensive look at what is happening at colleges, university, cities, government and military programs in the outdoors.
This is the staggering information. The book identifies $50 Million in Gross Income and 522,000 Participants Reported by Outdoor Recreation Programs in 280 programs. That’s participants, not user days; a pretty staggering figure.
If you need information on the how, when, why and who of military and higher education recreation programs, this is your book. The press release for the book and more information is below:
PRESS RELEASE
FOR IMMEDIATE RELEASE: 3/3/08
CONTACT:
Dr. Raymond Poff
E-mail: info@raymondpoff
Website: http://www.raymondpoff.com
VALUED MARKETING TOOL FOR OUTDOOR INDUSTRY VENDORS & ORGANIZATIONS
Dr. Raymond Poff of Western Kentucky University www.wku.edu, released (May 2007) the 4th edition of the Outdoor Recreation Program Directory & Data/Resource Guide, a marketing tool for outdoor industry vendors and organizations. Originally created and published by the late David J Webb in 1991, 1996, and 2000, this updated 361 page resource includes survey data from more than 280 outdoor recreation programs at: four-year colleges and universities; two-year colleges; government agencies – cities, counties, park commissions; U.S. Military installations, schools, operations; and nonprofit organizations. This represents a 30% percent increase in the number of outdoor programs being previously detailed (up from 220 programs in the 3rd Edition).
This publication addresses the needs of several audiences. Equipment vendors and sales reps interested in establishing business accounts with outdoor recreation programs will find the Outdoor Recreation Directory & Data/Resource Guide an essential tool. Equipment manufacturers trying to market pro-purchasing programs will benefit by connecting with the programs included in this edition. Training companies offering first aid, rescue, and activity specific training will discover organizations dedicated to high quality staff training.
Administrators of outdoor recreation programs at colleges, universities, military installations, cities, and counties can use this resource to network with their peers, benchmark their programs, and monitor trends. Employers such as camps and outfitters may find this resource helpful when searching for trained outdoor leaders to hire. Researchers interested in studying outdoor recreation programs will find the 4th edition invaluable in contacting potential research subjects.
This survey data helps communicate the size and scope of this sector of the outdoor recreation industry. Included in the resource is: an overall summary of survey data; detailed information about each outdoor program in the survey and their survey responses; financial information with 18 reports detailing various financial aspects; program activity information with 15 reports detailing trips/clinics/events; participation and climbing wall/ropes course facility information; and the top 35 trips/clinics/events ranked by participation. The “Research/Commercial” edition includes the printed book plus a data file containing mailing addresses for the institutions in the book to help companies and organizations share marketing materials for products and services. A “Vendor” edition includes the “Research/Commercial” edition plus the opportunity to be listed on the Outdoor Recreation Program Directory & Data/Resource Guide website.
For more information visit http://www.raymondpoff.com or e-mail info@raymondpoff.com
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