Want to Get Out, Have Fun, Meet Great People and Get Educated?
Posted: September 19, 2014 Filed under: Youth Camps, Zip Line | Tags: Arches National Park, Colorado River, Hiking, Moab, Rafting, Utah Leave a comment
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Zip line put away for the season still found and plaintiff gets injured on rigged system.
Posted: September 15, 2014 Filed under: Massachusetts, Summer Camp, Zip Line | Tags: 4H, 4H Camp, Employee, Essex County 4H Club Camp, Herberchuk, Inc., Massachusetts, Summary judgment, Summer Camp, Teleglobe, zip line, Zip Wire, Zip-line Leave a comment4H Camp was not liable for a group of people who rig a zip line and borrow a ladder to get to the platform.
(Permanent URL)
Herberchuk v. Essex County 4H Club Camp, Inc. et al., 1999 Mass. Super. LEXIS 99
Date of the Decision: 1999
Plaintiff: Alicia Herberchuk
Defendant: Essex County 4H Club Camp, Inc, and Teleglobe Communications, Inc.
Plaintiff Claims: negligence
Defendant Defenses: no duty owed
Holding: for the defendants
The plaintiff attended an event with other employees at a 4H camp that had been rented for the event. The event was not sponsored by the defendant employer Teleglobe but was an event for employees of Teleglobe.
The camp had a zip wire which had been closed for the season. The ladder leading up to the platform for the launch of the zip line had been removed and there was no pulley, harness, or other equipment at the zip wire. The plaintiff had noticed upon her arrival that there was no ladder leading up to the platform.
A ladder had been found, and other people at the event were using the zip wire by holding on to a green nylon rope to ride down the wire. The plaintiff decided she wanted to ride the wire. She climbed up the ladder. The ladder that had been found did not reach the platform, and the plaintiff had to pull herself up to the platform.
The plaintiff grabbed the nylon rope and leaped off the platform where she fell injuring herself. The plaintiff sued the 4H camp and her employer. The defendants filed motions for summary judgment, which was granted by the trial court. The plaintiff appealed.
Summary of the case
The first issue presented was the duty of the landowner, the 4H camp to the attendees.
A property owner has a duty to maintain its property “in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.” A defendant is not required to “supply a place of maximum safety, but only one, which would be safe to a person who exercises such minimum care as the circumstances reasonably indicate.” “A landowner has no duty to protect lawful visitors on his property from risks that would be obvious to persons of average intelligence.”
The court took notice that the camp had removed all the equipment to operate the zip wire, including the ladder. The plaintiff still decided to use the zip wire knowing this. The 4H camp did not have a duty to warn the plaintiff of the dangers of the zip wire because the dangers were obvious with no safety equipment or instruction on how to use it. “There is no duty to warn of dangers obvious to persons of average intelligence.”
The appellate court agreed with the trial court and dismissed the claims against the landowner, the 4H camp.
The next claim was against the employer of the plaintiff. This claim was thrown out even faster. The event was not sponsored by Teleglobe; the money for the event came from employees through a raffle. Finally, the plaintiff was not required to attend the event as part of her employment and was not paid to be there.
So Now What?
As we all know, if there is a way to have more fun or get injured humans can find it and do it. The only thing you could do in this case is take the platform down or hide all ladders at the camp.
As a landowner always understand your obligations to people on your land, whether they pay to be there or not.
If your employees want to do something like this, understand your corporate responsibilities in assisting or not assisting in the event.
 James H. “Jim” Moss |
Jim Moss is an attorney specializing in the legal issues of the outdoor recreation community. He represents guides, guide services, outfitters both as businesses and individuals and the products they use for their business. He has defended Mt. Everest guide services, summer camps, climbing rope manufacturers, avalanche beacon manufacturers, and many more manufacturers and outdoor industries. Contact Jim at Jim@Rec-Law.us |
Jim is the author or co-author of six books about the legal issues in the outdoor recreation world; the latest is Outdoor Recreation Insurance, Risk Management
Outdoor Recreation Insurance, Risk Management, and Law
To see Jim’s complete bio go here and to see his CV you can find it here. To find out the purpose of this website go here.
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Herberchuk v. Essex County 4H Club Camp, Inc. et al., 1999 Mass. Super. LEXIS 99
Posted: August 31, 2014 Filed under: Assumption of the Risk, Legal Case, Massachusetts, Summer Camp, Zip Line | Tags: 4H, Defendant, Employee, MA, Massachusetts, Summary judgment, Summer Camp, zip line, Zip Wire, Zip-line Leave a commentTo Read an Analysis of this decision see: Zip line put away for the season still found and plaintiff gets injured on rigged system.
Herberchuk v. Essex County 4H Club Camp, Inc. et al., 1999 Mass. Super. LEXIS 99
Alicia Herberchuk v. Essex County 4H Club Camp, Inc. et al.
96-4863
SUPERIOR COURT OF MASSACHUSETTS, AT MIDDLESEX
1999 Mass. Super. LEXIS 99
March 11, 1999, Decided
JUDGES: [*1] Raymond J. Brassard, Justice of the Superior Court.
OPINION BY: RAYMOND J. BRASSARD
OPINION
MEMORANDUM OF DECISION AND ORDER ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT
Plaintiff, Alicia Herberchuk (“Ms. Herberchuk”), brought this action for recovery of damages for injuries sustained while on land owned by defendant, Essex County 4H Club Camp, Inc. (“4H”), while attending an outing accompanied by co-workers employed by defendant, Teleglobe Communications, Inc. (“Teleglobe”). The plaintiff alleges that the injuries were caused by the negligence of the defendants and that there are genuine issues of material fact which preclude the entry of summary judgment on the issue of liability. For the reasons set forth below, defendants’ motions for summary judgment are ALLOWED.
BACKGROUND
Viewing the facts available at this summary judgment stage in the light most favorable to the nonmoving party, Ms. Herberchuk, the undisputed facts are as follows.
On August 28, 1993, Ms. Herberchuk attended an employee outing at a campground owned by 4-H. The campground had been rented through a third party under the name of Teleglobe by certain of its employees, but not by Teleglobe itself. At the cookout [*2] Ms. Herberchuk observed other guests using an apparatus known as a zipwire. The zipwire was used by children who attended the 4H’s camp during the summer months. Using the zipwire involved climbing up a ladder which reached to a platform mounted on a tree, and then leaving the platform to traverse the entire length of the wire. Proper use of the zipwire required a safety helmet, a safety harness, a drag line, and several people assisting the rider. The zipwire also included an 8 inch square 2,000 pound-test pulley to which the safety harness was attached. At the end of the camping season all removable equipment, including the safety equipment, was required to be removed from the zipwire, leaving only the cable and the platform.
On the date in question, a ladder found on or near the campground was propped against the tree upon which the platform was mounted by unidentified parties allowing guests to access the zipwire. Hanging from the zipwire was a nylon rope described as green in color which other guests were using to slide down the wire. No rules or instructions on how to use the zipwire were posted on or near the apparatus on the day in question. After watching several other [*3] people use the zipwire, Ms. Herberchuk decided she wanted to use the apparatus. In order to reach the zipwire, the plaintiff climbed the ladder. Although the ladder did not reach the platform at the end of the wire, Ms. Herberchuk was able to reach the platform by pulling herself up by her hands. Once on the platform Ms. Herberchuk wrapped the rope around her hands as she had seen others do and pushed herself off. Instead of traveling down the wire, however, Ms. Herberchuk fell to the ground sustaining serious injuries, including two elbow fractures and a fractured jaw. As result of these events Ms. Herberchuk commenced this lawsuit against 4H and Teleglobe. Both 4H and Teleglobe have moved for summary judgment on the issue of liability.
DISCUSSION
[HN1] Summary judgment shall be granted where there are no issues of material fact and the moving party is entitled to as a matter of law. Kourouvacilis v. General Motors Corp., 410 Mass. 706, 716, 575 N.E.2d 734 (1991); Cassesso v. Comm’r of Correction, 390 Mass. 419, 422, 456 N.E.2d 1123 (1983); Community Nat’l Bank v. Dawes, 369 Mass. 550, 553, 340 N.E.2d 877 (1976); Mass.R.Civ.P. 56(c). The moving party bears the burden of affirmatively demonstrating the [*4] absence of a triable issue and that, therefore, she is entitled to judgment as a matter of law. Pederson v. Time, Inc., 404 Mass. 14, 17, 532 N.E.2d 1211 (1989). If the moving party establishes the absence of a triable issue, in order to defeat a motion for summary judgment, the opposing party must respond and allege facts which would establish the existence of disputed material facts. Id.
[HN2] A judge, when ruling on a motion for summary judgment must consider “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, in determining whether summary judgment is appropriate.” Flesner v. Technical Communications Corporation et al., 410 Mass. 805, 807, 575 N.E.2d 1107 (1991). Where no genuine issue of material fact exists, “the judge must ask himself not whether he thinks the evidence unmistakably favors one side or the other but whether a fair-minded jury could return a verdict for the plaintiff on the evidence presented.” Id. citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986).
1. The Claim Against 4-H.
[HN3] A property owner has a duty to maintain its property [*5] “in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk.” Mounsey v. Ellard, 363 Mass. 693, 708, 297 N.E.2d 43 (1973). A defendant is not required to “supply a place of maximum safety, but only one which would be safe to a person who exercises such minimum care as the circumstances reasonably indicate.” Toubiana v. Priestly, 402 Mass. 84, 88, 520 N.E.2d 1307 (1988). “A landowner has no duty to protect lawful visitors on his property from risks that would be obvious to persons of average intelligence.” Id. at 89.
In the present case, Ms. Herberchuk claims there are genuine issues of fact concerning the condition in which the zipwire was kept, as well as, what actions 4-H took to prevent unauthorized use of the apparatus. The evidence on the record, for the purposes of this motion, includes affidavits from both Ms. Herberchuk and Mr. Charles G. Ingersoll, a member of the 4-H Board of Trustees, as well as exhibits, including photographs of the area immediately before the accident.
In his affidavit, Mr. Ingersoll states that, while not having [*6] a specific memory of doing so the summer during which Ms. Herberchuk was injured, it was his practice to remove and put away for the winter all those removable parts and safety equipment associated with the zipwire at the end of each camping season (before the outing). Mr. Ingersol also stated that the ladder used by the plaintiff to get to the platform was not one of those presently used by the camp and that the pulley was not on the line the day of the outing. Ms. Herberchuk admitted in her affidavit that when she first arrived at the outing there was no ladder attached to the tree and that when she attempted to make her way to the platform she had to pull herself up because the wooden ladder placed there did not reach the platform. Ms. Herberchuk stated further that she did not know if the pulley was attached to the wire or where the strap had come from.
[HN4] “The question to be decided is whether the jury reasonably could have concluded that, in view of all the circumstances, an ordinarily prudent person in the defendant’s position would have taken steps, not taken by the defendant, to prevent the accident that occurred.” Id. at 89. In this case the evidence shows that 4-H [*7] had removed both the ladder and the safety equipment used with the zipwire during the camping season. Upon arriving at the outing Ms. Herberchuk saw no ladder allowing entry to the platform rendering the zipwire inaccessible, it being twenty feet above the ground. Ms. Herberchuk chose to use the zipwire without the benefit of safety equipment or instructions on the use of the device. Ms. Herberchuk also admitted in her deposition that she knew there was a chance she could be injured but decided to use the apparatus. Further, 4-H did not have a duty to warn Ms. Herberchuk of the obvious dangers involved with using the zipwire without safety equipment or instruction. “There is no duty to warn of dangers obvious to persons of average intelligence.” Thorson v. Mandell, 402 Mass. 744, 749, 525 N.E.2d 375 (1988). On this evidence, a fair minded jury could not return a verdict for the plaintiff.
2. The Claim Against Teleglobe.
[HN5] “Before liability for negligence can be imposed there must first be a legal duty owed by the defendant to the plaintiff, and a breach of that duty proximately resulting in the injury.” Davis v. Westwood Group, 420 Mass. 739, 743, 652 N.E.2d 567 (1995). [*8] Ms. Herberchuk urges that Teleglobe played a part in the organization and funding of the outing at which the plaintiff was injured. The evidence, however, is to the contrary. First, the outing was organized by Teleglobe employees because the company no longer sponsored such events. Second, the money to pay for the outing was raised by a group of employees independent of Teleglobe through the use of a raffle. Finally, Ms. Herberchuk’s attendance was not required by her employment and she received no compensation for attending. On this evidence a reasonable jury could not find that Teleglobe owed any duty to Ms. Herberchuk.
ORDER
For the foregoing reasons, it is hereby ORDERED that defendants’, 4-H and Teleglobe, motions for summary judgment are ALLOWED.
Raymond J, Brassard
Justice of the Superior Court
Dated: March 11, 1999
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An Automobile Club that is concerned about the Environment: You should join!
Posted: July 31, 2014 Filed under: Youth Camps, Zip Line | Tags: Better World Club, bicycle, Electric bicycle, Home insurance, Umbrella insurance, Vehicle insurance, x, y, z Leave a commentI’ve posted about the Better World Club several times because they provide bicycle as well as automobile breakdown insurance. Car needs a jump call the Better World Club. Bike breaks a wheel, call the Better World Club.
The Better World Club started because its competitor supported the petroleum industry (and pollution). That is another important message that gets lost. Check them out, read the email below.
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In reaction to EPA’s increasingly rigid environmental regulations and Obama’s squeeze on carbon emissions, diesel truck drivers are using a technique that originated in truck-pull competitions to deliberately emit clouds of black soot onto individuals and, their favorite target, Prius drivers.
And that’s exactly what one does to “roll coal.”
Recently, those who subscribe to this subculture have been getting bold by using social media to promote and parade these ignorant stunts. 
Colorado Scenic and Historic Byways 25th Anniversary Conference on June 19 & 20, 2014, along the Peak to Peak Scenic Byway, at the Ameristar Convention Center in Black Hawk, Colorado.
Posted: June 17, 2014 Filed under: Youth Camps, Zip Line | Tags: Blackhawk, Byways, Colorado, Colorado Byways Conference, Denver, National Scenic Byway Leave a commentMore information: Colorado Scenic and Historic Byways 25th Anniversary — CDOT
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Colorado Scenic and Historic Byways 25th Anniversary …25th Anniversary Conference June 19 & 20, 2014 Black Hawk, Colorado Conference Registration & Sponsorship Conference Agenda |
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View on www.coloradodot.info |
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Byways.Elevated.
June 19 – 20th
Colorado’s Byways 25th Anniversary
AGENDA
THURSDAY – June 19
3:00 – 4:30 Conference Registration, Reception, & Check-In Entertainment by Bear Limvere
5:00 – 6:00 Keynote Speaker -Joe Calhoon, Author of
The One Hour Plan for Growth
6:00 – 7:30 Welcome & Awards Dinner FRIDAY – June 20
7:00 – 8:30
9:00 – 9:45
Breakfast & Opening Remarks, Special Awards Navigating the Road to Private Funding
Jeffery Pryor, Ed.D., CEO of Pathfinder Solutions
1st Breakout Sessions
• Keeping Your Byway Relevant and Moving into the Future Panel – Scott Brutjen, Bob Marshall & Kelli Hepler
• Keeping the Scenery in Scenic Byways
Don Bruns & Karla Rogers
• The Benefits of Colorado Byways – Shelby Sommer & Matt Goebel
2nd Breakout Sessions
• Shaping Your Board into Byway Leaders – Janine Vanderburg
• Driving Your Byway Message Straight to the Traveler
Kelly Barbello
• #Savvy Social Media Panel – Bobby Weidmann, Angus Shee
& Allison Bejarano
Luncheon with Guest Presentation – Hokkaido, Japan Byways
Colorado Meadows (Photo credit: QualityFrog)
3rd Breakout Sessions
• Latest Trends in Keeping Our Historic Buildings – Patrick Ideman
• Byways and Your Belly! – Judy Walden
• Securing Colorado Byways: ‘GIS Project’ – Charlotte Bumgarner
& Yvonne Barnes
4th Breakout Sessions
• Gaining Legislative Support for Colorado Byways – Roger Wilson
• Engaging the Youth in Byways – Michelle Pearson
• Healthy Highways – Judy Walden & Gaylene Ore
ColoradoGives.org –Dana Rinderknecht, Community First Foundation
The former gold mining camp of Black Hawk, Colorado (Photo credit: Wikipedia)
Closing Remarks
Lenore Bates, Program Manager
Colorado Scenic and Historic Byways
CDOT | 4201 E Arkansas Ave, Shumate Bldg | Denver CO 80222
P 303.757.9786 | F 303.757.9727
Lenore.Batess | www .coloradobyways.org
Colorado Byways connect tourists, preservationists and local communities.
Agenda052914.pdf
ANSI, ASTM, PRCA, ACCT & NSAA a mess of acronyms that are fighting each other, taking your industry down and wasting money.
Posted: June 11, 2014 Filed under: Challenge or Ropes Course, Zip Line | Tags: ACCT, American National Standards Institute, American Society of Testing and Materials, ANSI, Association for Challenge Course Technology, ASTM, ASTM International, challenge course, Industry Standards, National Ski Area Association, NSAA, PRCA, Professional Ropes Course Association, Ropes course, Standards, Trade association Leave a commentHow much money could have been put into promoting the industry,educating the members and creating great opportunities? Millions I bet.
The PRCA, (Professional Ropes Course Association) recently announced that they had received approval from ANSI (American National Standards Institute) for its ropes or challenge course standards. The ACCT (Association for Challenge Course Technology) has appealed the issuance of the approval. (See ANSI/PRCA American National Standard).Wasting more time and money, in my opinion.
In the meantime, the NSAA (National Ski Area Association) received ASTM (American Society of Testing and Materials) approval for their standards. See ASTM Committee Approves Standard For Aerial Adventure Courses
I have no horses in this race; I have nothing to gain and more to lose with these comments. However, someone has to put it out there again, because the amount of money being wasted is ridiculous. So here goes…..again. (For a prior commentary about this feud see Stop Feuding, I doubt, move forward anyway; I think you can.)
What’s it all mean?
First the “standards” granting organizations.
ANSI “allows” organizations that meet its requirements to become standards granting organizations. One such organization is the ASTM. However, just because ASTM is granted the “opportunity” to create standards under the ANSI banner it does not mean that ANSI standards are better, more important or more controlling than ASTM.
ACCT was started 19 years ago to write standards. However, in my opinion, it was more of a good buddy club and the creation of the standards did not follow any known or legally acceptable way of creating them. PRCA was started in 2003 because ACCT would not let them be the “whatever name” to do something with ropes courses or something. Honestly, I’m not 100% clear on this, and I don’t really care.
NSAA is 52 years old and has been working with ANSI and ASTM for decades. The standards for operating ski lifts are ANSI standards and the standards for the rest of the ski industry such as skis, bindings, etc., are ASTM standards. NSAA has one employee who knows more about ANSI and ASTM than I would ever want to know, and consequently, they are fast efficient and done right.
I am a member of the ASTM and on the standards committee for ropes courses, but not active and have not voted for any of the NSAAASTM, standards.
Still with me or have all the acronyms done you in.
Current Status
Right now, there are two organizations that have created standards for the ropes’ course industry, PRCA and NSAAthat follow the procedures and practice’s generally accepted in court for proof of standards by an organization. NSAA has opted to write its standards through the ASTM and the PRCA through ANSI.
ACCT is left out of the mix right now, so that organization is fighting PRCA’s ANSI standards. However, what I find comical, and indicative of the reasons for much of the wasted money in the industry, the ACCT has ignored the NSAA. (PRCA also for that matter.)
Speculation here, but don’t you think that if ACCT seriously thought only its standards were acceptable they would be appealing the NSAA’s standards created under the ASTM.
This leads me to believe that the appeal of the PRCA’s ANSI standards has nothing to do with the standards, just with the PRCA. (This is the third appeal of the PRCA’s ANSI standards; the ACCT lost the first two.)
By that I mean there is more bad blood here than in a blood bank with no power for a month.
So Legally what does that Mean?
Standards are the lowest acceptable level of doing something, which is presented in court to prove someone either met the standard or did not meet the standard of care. The standard of care is the measurement against which the jury determines whether you had a duty and then breached that duty to someone.
If you own a ropes course and someone is injured on the ropes course, the plaintiff now has several different ways to prove that you were negligent (breached the standard of care). Meaning your ropes course was not built correctly, or you operated the course incorrectly.)
First, there are the ACCT standards; however, those can easily be ignored at this point because they have not been approved by either the ANSI or the ASTM. The ACCT standards are getting better, I’ve been told, but basically, they were created in a way that creates credibility issues. That does not mean that they can’t be a way to prove you are negligent.
So now the plaintiff can argue that you failed to meet the PRCA or NSAA standards. If there is a conflict between the two, then the plaintiff has found the stick to beat more money out of you and your insurance company. (And the last thing this industry needs is a way to give more money away. (See: Payouts in Outdoor Recreation.)
Legal Advice (worth what you pay for it)
If you came to me and asked for advice about this situation this is what I recommend.
1. Today, get a copy of the PRCA and NSAA (ANSI and ASTM) standards and make sure you meet those standards. Yes, both sets. If there is a conflict between the two, justify why you have adopted one over the other in writing now, prior to a problem.
2. Every year have someone new come see your course. They don’t have to have some designation on their wall, unless it says architect or engineer (see below!). They should have experience to look at your course and your operation and make sure you are not making mistakes. Maybe trade off. You go to their course, and they come to your course.
a. Don’t have them give you a report, which is just proof you are negligent.
b. Don’t tell them why you do something, unless they ask.
c. Listen, listen to everything they suggest, ask questions and then see what you need to do.
3. Every couple of years have an engineer, architect, or contractor came out and look at your course. These are the people who know how courses should be built and have the education and experience to make sure it was built correctly and is still holding together.
a. Someone with 12 years in the industry may be able to tell you the testing strength of a bolt and whether the bolt and whatever it is attached to are working still. However, that knowledge is defeated with a degree from a college that says engineer or architect.
Pay attention, (If nothing else for the laughs.) and make sure you know what is going on because you as a ropes course owner or manager are the person that is going to take the beatings and suffer the most when the organizations created to support you spend your money fighting each other.
Good luck.
If nothing else I should get a plug for explaining all the acronyms in the industry!
For more articles on Ropes Courses see:
$400,000 challenge course settlement for shattered ankle http://rec-law.us/1lk77Q7
Architects, Engineers and Recreation, we need the first two, to be successful in the second http://rec-law.us/1gOSNeT
Assumption of the risk is used to defeat a claim for injuries on a ropes course http://rec-law.us/SDZlBt
Based on the article yes there was going to be a lawsuit http://rec-law.us/16JD0p3
Plaintiff raised argument in work/team building situation that they were forced to sign release http://rec-law.us/XiKRug
Plaintiff uses standards of ACCT to cost defendant $4.7 million http://rec-law.us/11UdbEn
Sad, Arizona school insurance no longer covering ropes courses. http://rec-law.us/1m5AhAN
The standard of care for a ropes or challenge course changes based on who is running it and who is using it (30) http://rec-law.us/L2tupe
When did journalism turn from telling a good factual story to trying to place blame for an accident? http://rec-law.us/1cNrxMv
What do you think? Leave a comment.
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Copyright 2014 Recreation Law (720) 334-8529
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By Recreation Law Rec-law@recreation-law.com James H. Moss #Authorrank
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May 21 Workshop-Build Skills to Work Collaboratively on Environmental & Natural Resource Management
Posted: May 1, 2014 Filed under: Youth Camps, Zip Line | Tags: x, y, z Leave a commentAs part of the 2014 Network Leadership Training Academy (NLTA – see below for more info), we will be offering a half-day workshop focused on Network Leadership for Environmental and Natural Resource Management
May 21, 2014, 9-11:30am in Denver, CO. 
Network Leadership for Environmental and Natural Resource Management, 9:30-11am, $25: There are growing concerns over how to manage the environment to protect public health, mitigate disasters, and to meet the demands of growing populations for water, food, recreation and energy supplies. Yet developing such networks and sustaining them can be particularly challenging, especially where organizational interests and goals are not aligned or are in conflict. Join Tanya Heikkila in this workshop to learn the organization, design, and characteristics of success of networks for collaborative environmental natural resource management. The lessons from this workshop will draw from an extensive body of research and experience on environmental networks and collaboration, and from the interactions among network participants, to identify practical leadership skills to help overcome some of these challenges.
Tanya Heikkila is an Associate Professor at the University of Colorado Denver, School of Public Affairs. Dr. Heikkila’s research expertise is in institutions for coordinating groundwater and surface water in the western United States, interstate water conflicts and cooperation, the organization of collaborative ecosystem restoration programs, as well as the performance of special purpose governments.
See attached flyer for more information, or go here. Please forward to any colleagues/groups that you think might be interested in this workshop, or the NLTA.
To register for this, and other, workshops, click HERE.
To Find Out More About the Network Leadership Training Academy, see info below, or click here.
More info on the NLTA:
Registration for the 2014 Network Leadership Training Academy is now open!
https://www.regonline.com/networkleadershiptrainingacademy2014
About the 2014 NLTA: Many people today are deeply involved in the network way of working, but are struggling to find tools and a place to build skills and a community for this new way of connecting across boundaries. This workshop provides conversations about network leadership, activities and exercises to share and demonstrate skills and ideas, and practical tools to translate back to practice. The NLTA is a place where public sector leaders gather to learn, share ideas, and develop skills for engaging in collaboration and partnerships across sectors. A particular focus of the NLTA is on engaging community partners both in program activities, but also evaluation and research. We will cover several methodologies and models for accomplishing these goals, including Community Impact Models, Community Based Participatory Research, Systems Building, and Social Network Analysis, among others. Attendees are engaged in this type of work from multiple sectors including Health, Public Health, Education, Environment, Disaster/Emergency Management, Criminal Justice, among other fields. The workshop primary focus is on building, managing, and evaluating effective networks. This year’s academy will be held from May 19-21, 2014 in Denver, CO at the University of Colorado Denver (downtown campus).
What will you do at the NLTA? The agenda for the 2014 NLTA is packed full of opportunities for attendees to share their own experiences and skills, interaction with the leading trainers and thinkers in networks leadership through presentation and consultation, and topic specific workshops to develop a “network of networkers” in your specific field. Each part of the NLTA is led by a recognized leader in the field and will be a variety of small group, breakout, and large group interactions. A summary of the agenda:
Monday, May 19, 11am start:
Networks 101 (Brint Milward)
Building a Network Culture/The Network Way of Working (Janice Popp);
An Evening of “Sharing Our Practice” (attendee presentations/posters highlighting their own work)
Tuesday, May 20, 9-5pm; 5-7pm Reception:
Managing Networks: Network Effectiveness, Structure & Governance (Brint Milward)
The Transfer of Commitment: Leading Successful Collaboration (Darrin Hicks)
Tools and Methods to Evaluate Networks (including Systems Building, CBPR, Social Network Analysis) (Danielle Varda)
Wednesday, May 21, 9-3pm
Pick from a variety of Special Topic Workshops on Network Leadership (morning and afternoon), including but not limited to:
– Network Leadership for Funders with Sandra Mikush
– Network Leadership for Environmental and National Resource Management with Tanya Heikkila
– Network Leadership in the Public Services Sector (Education, Public Health, Healthcare, and more) with Bill Fulton
– Network Leadership Tools and Technologies with Judah Thornewill
– PARTNER: A Tool for Organizational SNA with Danielle Varda
– Skills for Facilitating Networks with Lisa Carlson
– Heroic Improvisation with Mary Tyszkiewicz (http://heroic-improv.com)
To register only for these workshops, click HERE.
For more details about the trainers, click here: http://www.ucdenver.edu/academics/colleges/SPA/About/conference/Pages/Meet-the-Trainers.aspx
For more information about the conference, including travel logistics, click here: http://www.ucdenver.edu/academics/colleges/SPA/About/conference/Pages/default.aspx
To register click here: https://www.regonline.com/networkleadershiptrainingacademy2014
What: Network Leadership Training Academy
When: May 19-May 21, 2014
Where: Denver, CO
Cost for Training*: $600 for all organizations/agencies/companies, $400 for students, $525 per person for a group of 3 or more (Workshops Only range from $25-$100 each)
Included with registration: Lunch all three days, Breakfast Tuesday/Wed Morning, and one dinner.
*Is the cost prohibitive? Discounts and scholarships available. Inquire at rpcg
If you have any questions please email rpcg.
Have a wonderful day!
Sara Sprong
Sara Sprong, MPA
Professional Research Assistant
Research Program on Collaborative Governance
School of Public Affairs
University of Colorado Denver
1380 Lawrence Street, Suite 500 – Denver CO 80217-3364
P: sara.sprong
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Visit the Network Leadership Training Academy Website
Grand Canyon (Glen Canyon actually but the effect will be downriver) Management Alternatives explained
Posted: April 29, 2014 Filed under: Youth Camps, Zip Line | Tags: Glen Canyon, Grand Canyon, Grand Canyon National Park Leave a commentAt long last, this will be your very first peek at the 6 ALTERNATIVES that have been developed for the Glen Canyon 
Dam Long Term Experimental and Management Plan (LTEMP) EIS (so keep scrolling down to the official LTEMP EIS email below). The LTEMP will affect the way the dam is managed and the health of downstream resources for the next 20 years. A REALLY REALLY BIG DEAL!!!
A quick run down of the various alternatives from Sam Jansen (our Adaptive Management Work Group rep) is as follows:
- Alt #1: No Action Alternative
- Business as usual. Same Modified Low Fluctuating Flows (MLFF) as the last 18 years
- Would incorporate the High Flow Protocol & Non-Native Fish EA’s
- Alt #2: Balanced Resource Alternative
- Created by Colorado River Energy Distributors (CREDA)
- All about generating hydropower–a real step backwards
- Includes testing “Hydropower Improvement Flows”–check out the hydrograph in the .pdf (see links from LTEMP email below)
- Restricts High Flow Experiments (HFE) to every other year
- Alt #3: Condition-Dependent Adaptive Strategy (CDAS)
- Seems to be the favorite of the Park and Bureau of Reclamation
- Focused on chub, sediment, trout and hydropower
- Adds greater flexibility in High Flow Experiments
- Alt #4: Resource Targeted Condition-Dependent (RTCD)
- Created by Western Area Power Administration (WAPA), the 7 Basin States & hired scientists
Glen Canyon Dam (Photo credit: Wikipedia)
- Focused on chub and hydropower, with nods to sediment and trout
- Seems to be about doing the minimum for Grand Canyon that the law will allow
- Reduces number of High Flow Experiments
- Alt #5: Seasonally Adjusted Steady Flow (SASF)
- Interesting hydrograph–steady 8,000 Oct through Jan, steady 7,000 July through Sep, with peak flows on May 1st (45K) and at the end of June (25K)
- Spring and Fall High Flow Experiments
- Alt #6: Year-Round Steady Flows
- Not perfectly steady month to month, but centered around about 11,000 cfs
- High Flow Protocol with some modifications
PLEASE READ THE IMPORTANT OFFICIAL LTEMP ANNOUNCEMENT BELOW and closely examine the .pdfs they provide for
important details and hydrographs for each of these alternatives. GCRG and our LTEMP Action Group will be looking at all of these very closely and assessing their merits. We’ll be in touch with you with what we think once we’ve had a chance to wrap our brains around it, in preparation for the release of the Draft LTEMP EIS this fall. This is YOUR RIVER, and Grand Canyon National Park belongs to ALL OF US. Our goal is to get everyone fired up to provide comments!
Six alternatives, including the No-Action Alternative, have been developed for consideration in the Glen Canyon Dam Long-Term Experimental and Management Plan
(LTEMP) Environmental Impact Statement (EIS). The alternatives represent different ways Glen Canyon Dam could be operated under the LTEMP over the next 20 years,
and will serve as the basis of the National Environmental Policy Act (NEPA) assessment to be presented in the LTEMP EIS. At the February 20, 2014, Adaptive
Management Working Group Meeting in Phoenix, Arizona, the LTEMP EIS team presented an overview of the alternatives. This presentation can be downloaded at
ltempeiswebmaster
Please forward this message to any party you feel may
be interested in the LTEMP EIS.
Thanks to the Grand Canyon River Guides Association for getting this information out.
A climbing wall or a rope’s course are structures. The components already have ASTM standards the sole issue is whether or not they were put together properly.
Posted: April 15, 2014 Filed under: Challenge or Ropes Course, Climbing Wall, Zip Line | Tags: ASTM, ASTM International, Building, challenge course, Climbing, Climbing Wall, Contractor, Engineer, Inspections, Recreation, Ropes course Leave a commentOperations need special reviews, but the structure is nothing that different from the building it is in or close too.
I’m always asked to recommend a person to check out a ropes course or a climbing wall. These people are looking for someone who may be self-appointed, maybe knowledgeable, (or maybe not) a person who makes a living check these.
I rarely refer them to someone with that title in the industry. I first ask them if a local contractor or engineer as ever looked at their course.
The structures have a different purpose than the carpenter or engineers are used to, but the construction should not be.
We keep forgetting that climbing walls and rope’s courses are just structures no different from a building. Each of the components has an ASTM standard. An Engineer or contractor can check to see if it was constructed properly and what needs to be done to get it up to speed.
We forget that the foundation of any building or anything attacked to the building is engineering.
By whom and how often should you have your course inspected?
Any time you feel insecure about your course or wall or your insurance company requires it.
Who should inspect your course or wall?
An engineer or contract should inspect your course at least every couple of years or as the engineer or contractor tells you. You can bring in someone with the industry credentials in the other years or with them. You can have someone come in and look at your operation anytime.
I tell my clients to find another operator and trade days. Go check out their course on one day and have them check out your course on another day. That will spot issues you may have, and you probably will learn some new ideas. No use having “inspectors” only who knows new ways of doing things.
I would suspect that if you are part of a larger organization, a college, university or camp that the company or college engineer will tell you when and how often they want the structure inspected.
A bolt is a bolt, whether it holds up a wall or a climbing wall.
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2014 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Mobile Site: http://m.recreation-law.com
By Recreation Law Rec-law@recreation-law.com James H. Moss #Authorrank
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Ohio Zip Line Association meeting to deal with Ohio Department of Agriculture wanting to control Zip Lines in the State
Posted: April 5, 2014 Filed under: Ohio, Zip Line | Tags: Canopy Tour, Columbus Ohio, Insurance, Ohio, Ohio Zip Line Association, zip line, Zip Lines Leave a commentJoin now and fight or forever hold your piece
Some of you may know that in the state of Ohio the Department of Agriculture has been discussing creating legislation for zip
lines. Some of the owners of Zip Line and Canopy Tours in the state have gotten together and formed the Ohio Zip Line Association. As a group we have been working with the state to figure out where zip lines may or may not fit with their legislation.
We wanted to send an email notifying all interested parties that we will be holding an open meeting of the Ohio Zip Line Association for anyone who may want an update of what is going on in Ohio, or anyone who may want to become members of our group.
The next Ohio Zip Line Association meeting, it will be held on:
April 18, 2014 at 1:00 pm
Location:
3347 McDowell Rd.
Grove City, OH 43123
If you would like to be a part of the meeting, but cannot attend, you can use the following call in number:
Dial +1 (312) 757-3131
+1 (312) 757-3131
Access Code: 130-237-621
Audio PIN: Shown after joining the meeting
Meeting ID: 130-237-621
Feel free to email me off-list if you have any questions.
Lori Pingle
Owner
ZipZone Canopy Tours
Board President
Ohio Zip Line Association
Direct: 614-906-5674614-906-5674
What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2014 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Mobile Site: http://m.recreation-law.com
By Recreation Law Rec-law@recreation-law.com James H. Moss #Authorrank
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Greg Mortenson : only climber I know who got lost in a valley. But he did a lot of good in that region. New movie 3000 Cupts of Tea tries to point that out
Posted: March 28, 2014 Filed under: Youth Camps, Zip Line | Tags: 3000 Cups of Tea, Afghanistan, Afghanistan–Pakistan relations, Central Asia Institute, Cups of Tea, Greg Mortensen, Greg Mortenson, Greg Mortenson: Did 60 Minutes Get it Wrong?, Mortenson, Pakistan, Three Cups of Tea 2 Comments
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Rocky Mountain Field Institute is hiring a full-time Volunteer Coordinator
Posted: March 1, 2014 Filed under: Youth Camps, Zip Line | Tags: x, y, z Leave a comment
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2014 Exhibitor Registration for National Get Outdoors Day Denver or Your City I suspect
Posted: February 27, 2014 Filed under: Youth Camps, Zip Line | Tags: Denver, Outdoor, Recreation, x, y, z Leave a comment
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Environmental Education will be funded in 2014 by Congress!
Posted: February 7, 2014 Filed under: Youth Camps, Zip Line | Tags: Barack Obama, CAEE, Colorado Association of Environmental Educators, Environmental Education, Fiscal year, National Environmental Education Act, National Oceanic and Atmospheric Administration, NOAA, United States Congress Leave a comment
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Congress has once again continued funding in FY 2014 for the key federal environmental education programs. This is despite the fact that the Administration eliminated these programs from the 
Vail ideas on staying safe on the slope
Posted: January 28, 2014 Filed under: Youth Camps, Zip Line | Tags: Mountain, Ski, Ski Resort, Sports, winter sports, x, y, z Leave a comment
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American Alpine Club Journal is Looking for your Stories
Posted: January 21, 2014 Filed under: Youth Camps, Zip Line | Tags: #AAC, AAC Journal, American Alpine Journal, Big wall climbing, Climb, Climbing, First ascent, Mountain Climbing, Mountaineering, Recreation, Rock climbing Leave a comment
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2014 UIAA Ice Climbing World Cup set to begin
Posted: January 14, 2014 Filed under: Youth Camps, Zip Line | Tags: Climb, Ice climbing, International Olympic Committee, Mountaineering, North Face, UIAA, Union Internationale des Associations d'Alpinisme Leave a comment
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Ice climbing (Photo credit: Wikipedia)
An Epic Ride Through the Grand Canyon Kevin Fedark presents his award winning book The Emeral Mile
Posted: December 31, 2013 Filed under: Youth Camps, Zip Line | Tags: Colorado River, Emerald Mile, Grand Canyon, Kevin Fedarko Leave a commentRegister to join us for this free reception and lecture by Kevin Fedarko, author of The Emerald Mile. CFWE is partnering with Metropolitan State University of Denver’s One World One Water Center to bring you this memorable evening– please join us on January 9, 2014 for a 6 pm reception and 7 pm lecture at the Marriott SpringHill Suites on the Auraria Campus of MSU Denver: 1190 Auraria Parkway, Denver, CO 80204.
Interested? The event is free, but you must RSVP here.
UIAA Holiday Card
Posted: December 24, 2013 Filed under: Youth Camps, Zip Line | Tags: International Mountaineering and Climbing Federation, UIAA, Union Internationale des Associations d'Alpinisme Leave a comment
Ice is Forming in Colorado and the Ouray Ice Fest is coming together
Posted: November 12, 2013 Filed under: Youth Camps, Zip Line | Tags: Ice climbing, Ice Fest, Ouray 1 Comment
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CAEE Call for Presenters Teaching Outside the Box
Posted: November 2, 2013 Filed under: Youth Camps, Zip Line | Tags: CAEE Leave a comment
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American Avalanche Association: AVPRO course location and dates
Posted: October 25, 2013 Filed under: Youth Camps, Zip Line | Tags: American Avalanche Association, avalanche, skiing, snowboarding Leave a comment
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Based on the article yes there was going to be a lawsuit
Posted: July 17, 2013 Filed under: Zip Line | Tags: Customer, Customer service, Daytona Beach, Jim Moss, Lawsuit, Rock climbing, Ropes Cours, Tendon, Tuscawilla Park, Volusia County, William Farrell, zip line, Zoom Air 11 CommentsYou can’t make a customer happy when they hurt and you yell at them
Here are the facts as put forth in the article. A man riding a zip line hit a tree. The tree was padded. The man was supposedly stuck in a tree, injured while an employee yelled at him. The injured man supposedly tore a tendon in his right knee and required surgery.
The article says, the lawsuit says a “worker or manager accused [plaintiff] of not following park rules and injuring himself on purpose…”
I’ve torn tendons; they hurt. I would have gone for a sprained ankle if I needed an injury. But again, that is hard to do on a zip line.
“Said employee argued with Plaintiff and his wife over whose fault the accident was until several minutes had elapsed while Plaintiff was still in the tree in agony,” the lawsuit states.
The lawsuit states that the Zoom Air Daytona employee argued about whether Farrell should call an ambulance. The lawsuit said the employee did not help obtain any medical treatment for Farrell. It was Farrell’s wife who got ice for her husband from their vehicle, he said.
Do Something
Or in this case don’t do something. If you believe you have a fraudulent accident occurring on your property your response is no different from any other injured person, legitimate or not. Your investigation should be immediate, thorough and include every witness statement or comment you can find.
The suit claims the man is suing because the defendant did not “”adequately” train its customers or “adequately” supervise its zip lines.”
Customer training is the nightmare of all outdoor companies. Are they listening to you? What do you have to get across to them? What do they need to know? What do you feel you legally need to tell them?
However, I have NEVER seen a claim that you were negligent in not training a customer properly.
See Man claims injury on Daytona Beach park zip line
What do you think? Leave a comment.
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Copyright 2013 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
Google+: +Recreation
Twitter: RecreationLaw
Facebook: Rec.Law.Now
Facebook Page: Outdoor Recreation & Adventure Travel Law
Blog: www.recreation-law.com
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By Recreation Law Rec-law@recreation-law.com James H. Moss Jim Moss
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Help Save the Colorado River and maybe win a Raft Trip
Posted: July 9, 2013 Filed under: Youth Camps, Zip Line | Tags: Colorado River, OARS, Whitewater Rafting Leave a comment
Hello Friends of the Colorado River!Ready for some summer fun?! Today we are launching a photo contest, the winner of which will receive a free raft trip through the Gates of Lodore on the Green River in Dinosaur National Monument!
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Want a job rowing a boat or motor rig in the Grand Canyon?
Posted: June 20, 2013 Filed under: Michigan, Triathlon, Youth Camps, Zip Line | Tags: Arizona, Boatman, Grand Canyon, Grand Canyon National Park, National Parks and Monuments, Park, Travel and Tourism, United States Leave a commentHello everyone,
Poster for Grand Canyon National Park, Arizona, USA (Photo credit: Wikipedia)
There are 2 small craft operator (whitewater boat operator) positions now open in Grand Canyon National Park. The positions opened today, June 17th and will be open for applications until July 12th. The positions have a 4 year term. You can access the job posting/descriptions/requirements and apply online at:
https://www.usajobs.gov/GetJob/ViewDetails/345603000
This information came from the Grand Canyon River Guides Association. If you love the Grand Canyon, you should be a member.
Recreation Law 