This book should be on every outfitter and guide’s desk. It will answer your questions, help you sleep at night, help you answer your guests’ questions and allow you to run your business with less worry.
Table of Contents
Chapter 1 Outdoor Recreation Risk Management, Law, and Insurance: An Overview
Chapter 2 U.S. Legal System and Legal Research
Chapter 3 Risk 25
Chapter 4 Risk, Accidents, and Litigation: Why People Sue
Chapter 5 Law 57
Chapter 6 Statutes that Affect Outdoor Recreation
Chapter 7 PreInjury Contracts to Prevent Litigation: Releases
Chapter 8 Defenses to Claims
Chapter 9 Minors
Chapter 10 Skiing and Ski Areas
Chapter 11 Other Commercial Recreational Activities
Chapter 12 Water Sports, Paddlesports, and water-based activities
Chapter 13 Rental Programs
Chapter 14 Insurance
$99.00 plus shipping
“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry
Denver based James H. Moss, JD, an attorney who specializes in the legal issues of outdoor recreation and adventure travel companies, guides, outfitters, and manufacturers, has written a comprehensive legal guidebook titled, “Outdoor Recreation Insurance, Risk Management, and Law”. Sagamore Publishing, a well-known Illinois-based educational publisher, distributes the book.
Mr. Moss, who applied his 30 years of experience with the legal, insurance, and risk management issues of the outdoor industry, wrote the book in order to fill a void.
“There was nothing out there that looked at case law and applied it to legal problems in outdoor recreation,” Moss explained. “The goal of this book is to provide sound advice based on past law and experience.”
While written as a college-level textbook, the guide also serves as a legal primer for executives, managers, and business owners in the field of outdoor recreation. It discusses how to tackle, prevent, and overcome legal issues in all areas of the industry.
The book is organized into 14 chapters that are easily accessed as standalone topics, or read through comprehensively. Specific topics include rental programs, statues that affect outdoor recreation, skiing and ski areas, and defenses to claims. Mr. Moss also incorporated listings of legal definitions, cases, and statutes, making the book easy for laypeople to understand.
TABLE OF CONTENTS
Table of Cases
Outdoor Recreation Law and Insurance: Overview
Perception versus Actual Risk
Risk v. Reward
Risk Management Strategies
Humans & Risk
Risk = Accidents
Accidents may/may not lead to litigation
How Do You Deal with Risk?
How Does Acceptance of Risk Convert to Litigation?
Negative Feelings against the Business
Risk, Accidents & Litigation
No Real Acceptance of the Risk
No Money to Pay Injury Bills
No Health Insurance
Insurance Company Subrogation
Dealing with Different People
Dealing with Victims
Develop a Friend & Eliminate a Lawsuit
Don’t Compound Minor Problems into Major Lawsuits
Emergency Medical Services
Additional Causes of Lawsuits in Outdoor Recreation
How Do You Handle A Victim?
Dealing with Different People
Dealing with Victims
Legal System in the United States
State Court System
Federal Court System
Other Court Systems
Parties to a Lawsuit
Breach of the Duty
Determination of Duty Owed
Duty of an Outfitter
Duty of a Guide
Duty of Livery Owner
Duty of Rental Agent
Duty of Volunteer Youth Leader
In Loco Parentis
Willful & Wanton Negligence
Negligence Per Se
Results of Acts That Are More than Ordinary Negligence
Breach of Contract
Breach of Warranty
Warranty of Fitness for a Particular Purpose
Warranty of Merchantability
Warranty of Statute
Food Service Liability
Skier Safety Acts
Whitewater Guides & Outfitters
Equine Liability Acts
Assumption of Risk
Express Assumption of Risk
Implied Assumption of Risk
Primary Assumption of Risk
Secondary Assumption of Risk
Assumption of Risk & Minors
Assumption of Risk Documents.
Assumption of Risk as a Defense.
Statutory Assumption of Risk
Express Assumption of Risk
Joint and Several Liability
Release, Waivers & Contracts Not to Sue
Why do you need them
Covenants Not to sue
Who should be covered
What should be included
Jurisdiction & Venue Clause
Assumption of Risk
Hold Harmless Agreement
Drug and/or Alcohol clause
Medical Transportation & Release
What the Courts do not want to see
Statute of Limitations
Agreements to Participate
Parental Consent Agreements
Informed Consent Agreements
Standards, Guidelines & Protocols
Specific Occupational Risks
Personal Liability of Instructors, Teachers & Educators
College & University Issues
Animal Operations, Packers
Canoe Livery Operations
Ski Rental Programs
Indoor Climbing Walls
Retail Rental Programs
Risk Management Plan
Introduction for Risk Management Plans
What Is A Risk Management Plan?
What should be in a Risk Management Plan
Risk Management Plan Template
Ideas on Developing a Risk Management Plan
Preparing your Business for Unknown Disasters
Building Fire & Evacuation
Dealing with an Emergency
Theory of Insurance
Personal v. Commercial Policies
Types of Policies
Personal Injury Protection
Named Peril v. All Risk
Types of Policies
Federal and State Government Insurance Requirements
Seasonal hiring started earlier this year for Forest Service seasonal workforce for Summer 2019. The Application period open day on September 10, 2018 and close at midnight EST October 10, 2018
Jackson Ranger District will be hiring up to 6 Forestry Technician “River Ranger” in Jackson, Wyoming on the Snake River ranger from GS-04 to GS-06.. The GS-06 will be serve as the crew lead.
GS -06 19‐TEMP‐R4‐FTREC‐6DT‐BV
Please contract for addition information or question about the River Ranger Positions
David Cernicek – River Manager
John Newman – Lead River Ranger
John B. Newman
“Supporting professionals who study, manage and protect North America’s rivers”
River Management Society ~ PO Box 5750, Takoma Park, MD USA 20913-5750 ~ +1-301-585-4677
|10%-60% OFF select items.|
|Hi Friends of the Colorado River!
HERE’S WHAT YOU NEED TO KNOW: WE ARE IN THE THICK OF THE FIGHT TO PROTECT THE COLORADO RIVER!
It may end up being one of the hottest, driest summers in Colorado River basin history as scorching temperatures are recorded from Denver all the way to Los Angeles. The river itself is under extreme stress with some of the “lowest flows in history” recorded in the Colorado River and its tributaries. But the dam builders are not slowing down, and so neither is Save The Colorado!
We’ve had a flurry of news coverage over the last month about our fights to stop proposed new dams in Wyoming, Utah and Colorado. Further, as the Colorado River declines, the questions continue to increase about the viability of Lake Powell and Glen Canyon Dam.
First, Aspen Journalism wrote a story about our lawsuit to stop the proposed “Windy Gap Firming Project” in Colorado which would drain a new nine billion gallons of water directly out of the Colorado River every year. Titled, “Court Battle Continues Over Windy Gap Firming Project“, the story quotes me as saying, “We are just trying to inject some sanity and stop the madness,” said Gary Wockner, director of Save the Colorado, an environmental nonprofit based in Ft. Collins that supports the Colorado River and is the lead petitioner in the case. “The Colorado River is the most dammed, drained, depleted river on the planet.”
Second, Wyofile, a non-profit news agency in Wyoming, wrote two stories about our work in Wyoming to stop proposed new dams and diversions, including the “Fontenelle Dam Expansion” which would take over twenty-five billion gallons out of the Green River every year which is a tributary to the Colorado River. One story titled “As Water Shortages Loom, Wyoming Seeks Water-Bank Bill” quotes me here: “In Fort Collins, a group called Save the Colorado has vowed to fight every new diversion and impoundment in the basin. Gary Wockner, the group’s president, said all entities are in a gold rush. “Everybody’s trying to get while they can still get,” he told WyoFile.”
Another story in Wyofile about three projects in the Green River basin titled, “Conflict Looms As Wyoming Seeks More Green River Water“, quotes me here: “Gary Wockner, president of the Save the Colorado conservation group, wants no new dams or diversions in the basin. His group is watchdogging the rip-rap project and two other water-storage efforts in Wyoming — the proposed $80 million dam on the West Fork of Battle Creek and a plan to expand the Big Sandy Reservoir. “We weighed in publicly on all three,” Wockner said in a phone interview from Fort Collins, Colorado. “The Colorado River is already one of the most dammed and diverted rivers. Zero water reaches the sea.”
Third, the Boulder Weekly in Boulder, Colorado, is turning into one of the lead news agencies about the Colorado River chaos. Over the last month, they’ve run three important stories, two of which highlight Save The Colorado’s work.
One, a May 31st Boulder Weekly article titled “Draining The Bathtub: Critics claim Fontenelle project will harm Colorado River Basin” quotes me here, “The Fontenelle Dam riprap would allow them to drain the reservoir and their water rights would allow them to drain it twice per year,” says Gary Wockner, president of Save the Colorado. “We oppose them reengineering this dam so they can drain 150,000 acre-feet of water out of the Green River every year. And that’s what it would give them the opportunity to do.”
Two, the front-page story on May 31st in the Boulder Weekly is an editorial taking direct, critical aim at the Walton Family Foundation (the WalMart heirs) and their funding of environmental groups, scientists, government agencies, and the media in the Colorado River basin. The long column is a good read for an insider’s view of what’s going on, and is titled: “The New Model For Saving The Colorado River Might Just Kill It“. Take a look at this story if you want a deep dive into some of the ‘dirty laundry’ of behind-the-scenes Colorado River motives and funding.
Three, on July 12, the Boulder Weekly printed another long front-page story titled “A Drop In The Bucket: Water Banking Pilot Program Finished, For Now” about the failed effort to save Lake Powell over the last three years. Save The Colorado is quoted heavily in the article because we’ve taken a lead voice in the fight to drain Lake Powell and tear down Glen Canyon Dam. I’m quoted here as saying, “This isn’t a temporary situation, this is ongoing and permanent,” Gary Wockner says. “They still haven’t even gotten remotely close to the root cause of the problem, which is climate change is real and every scientist indicates that it’s going to get worse and that Lake Powell is not sustainable.”
Wherever a proposal is moving forward to further dam, drain, divert, or deplete the river, Save The Colorado is in the face of the dam builders, in the media, in the courtroom, and in the state and federal agency’s eyes. We are an aggressive watchdog for the ecological health of the river — the proposed new dams and diversions must be stopped!
All of this work is made possible by your support! Thank you and stay tuned for more of the action!