The path down from the road to a river is an open and obvious danger that the plaintiff assumes before walking down the path.

Posted: June 27, 2022 | Author: Recreation Law | Filed under: Assumption of the Risk, New York, Paddlesports, Rivers and Waterways | Tags: assumption of the risk, Battenkill River, Battenkill river Sports & Campground, Common Carrier, River Tubing, Tubing | Leave a comment

Plaintiff worked hard to come up with any possible legal theory to win.

Rooney v. Battenkill River Sports & Campground Holding Co. (N.Y. Sup. Ct. 2022)

State: New York; Supreme Court of New York, Third Department

Plaintiff: Jessica Rooney

Defendant: Battenkill River Sports & Campground Holding Company, LLC

Plaintiff Claims: Negligence

Defendant Defenses: Assumption of the Risk

Holding: For the Defendant

Year: 2022

Summary

Plaintiff sued for injuries she received while walking down a path to the river to go tubing. Defendant tube rental company proved the risks were open and obvious, and the plaintiff assumed the risks.

Facts

In July 2018, plaintiff sustained injuries when she slipped on a rock located on an access path while attempting to access the Battenkill River to go water tubing.

This is a case out of New York so the facts are few, and the decision is short.

Analysis: making sense of the law based on these facts.

Not all the legal arguments made by the plaintiff are going to be discussed here. The case is easy to read, and you understand them on your own.

The plaintiff was walking down an embankment to the river, which was not owned by the tubing company, when she fell. She sued for negligence and argued the defendant owed her a high duty of care because the defendant was a common carrier.

The trail court adopted that position and upheld the plaintiffs’ claims on that theory; however, the trial court dismissed the plaintiff’s claims because she assumed the risk causing her injury. The plaintiff appealed. The appellate court did not review the common carrier question.

(It would be extremely rare and unlikely that any transportation that was incidental to the recreational activity and only taking people from the shop to the put in would be found to be a common carrier by any court in any state.)

The duty of the defendant in this situation is to exercise reasonable care to make sure the conditions are as safe as they appear. The defendant has a duty to search for unknown risks that may not be obvious to the guest. Meaning any risk that is visible is assumed by the guest, those risks that are hidden are not assumed by the guest.

The duty owed under these circumstances is a duty to exercise care to make the conditions as safe as they appear to be. If the risks of the activity are fully comprehended or perfectly obvious, plaintiff has consented to them and defendant has performed its duty”

The court found that the defendant had met its burden and showed there were no hidden risks and the risks the plaintiff encountered were open and obvious.

Given this evidence, we find that defendant established its prima facie entitlement to judgment as a matter of law that plaintiff, who had prior experience water tubing and who had on a prior occasion used the same access path, assumed the inherent risk of her injuries. The risk of falling on uneven and rocky terrain while traversing the river’s embankment to access the river is a commonly appreciated and an obvious risk inherent in and arising out of the nature of the sport of river tubing…

Under New York law, when the defendant meets this threshold then the burden of proof shifts to the plaintiff to prove the defendant hid the risks or made the risk greater than they appeared.

Thus, the burden shifted to plaintiff to raise a triable issue of fact as to whether the defendant concealed or unreasonably enhanced the danger, engaged in reckless or intentional conduct or created conditions that were unique and not inherent in river water sports activities

The plaintiff failed to do so in two different ways. First, the plaintiff was unable to prove the defendant had anything to do with the path leading to the water, or that the path was in terrible condition with hidden dangers. Second, the plaintiff walked the same path in prior years without incident when tubing.

The court then summed up its analysis on why the plaintiff could not overcome her burden.

“One who engages in water sports assumes the reasonably foreseeable risks inherent in the activity” and it is foreseeable that, in order to gain access to the river, plaintiff needed to traverse down an uneven embankment consisting of rock and gravel. Although plaintiff encountered less than optimal conditions on the river embankment access path in July 2018, the risk of falling on the natural, rocky terrain is interwoven with and inherent in the sport of river water tubing and therefore was assumed by her. Plaintiff’s vague and equivocal testimony that defendant unreasonably increased the risk of traversing the path was insufficient to create a question of fact. Moreover, although plaintiff testified that there was no warning sign at the access point, a warning sign is unnecessary as “[t]he duty to warn… does not extend to open and obvious dangers – particularly those encompassing natural geographic phenomena which can readily be observed by those employing the reasonable use of their senses”

So Now What?

In New York, it is always an issue as to whether or not an activity will fall within the purview of New York General Obligations Law § 5-326 which prohibits a place of amusement from using a release. Several courts have interpreted New York General Obligations Law § 5-326 to mean a physical place and so a river may not qualify. However, based on several other decisions it might be worth putting release language into a written agreement for guests to sign.

At the very least, the defendant could use an assumption of risk agreement where the agreement points out the risk of tubing, including accessing the river, reinforce those risks in a safety talk and protect from more than the inherent risks of tubing.

It might not bring closure any quicker; however, it might deter a plaintiff from starting a case to begin with.

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#AdventureTourism, #AdventureTravelLaw, #AdventureTravelLawyer, #AttorneyatLaw, #Backpacking, #BicyclingLaw, #Camps, #ChallengeCourse, #ChallengeCourseLaw, #ChallengeCourseLawyer, #CyclingLaw, #FitnessLaw, #FitnessLawyer, #Hiking, #HumanPowered, #HumanPoweredRecreation, #IceClimbing, #JamesHMoss, #JimMoss, #Law, #Mountaineering, #Negligence, #OutdoorLaw, #OutdoorRecreationLaw, #OutsideLaw, #OutsideLawyer, #RecLaw, #Rec-Law, #RecLawBlog, #Rec-LawBlog, #RecLawyer, #RecreationalLawyer, #RecreationLaw, #RecreationLawBlog, #RecreationLawcom, #Recreation-Lawcom, #Recreation-Law.com, #RiskManagement, #RockClimbing, #RockClimbingLawyer, #RopesCourse, #RopesCourseLawyer, #SkiAreas, #Skiing, #SkiLaw, #Snowboarding, #SummerCamp, #Tourism, #TravelLaw, #YouthCamps, #ZipLineLawyer, #RecreationLaw, #OutdoorLaw, #OutdoorRecreationLaw, #SkiLaw,

Rooney v. Battenkill River Sports & Campground Holding Co. (N.Y. Sup. Ct. 2022)

Posted: June 27, 2022 | Author: Recreation Law | Filed under: Assumption of the Risk, New York, Paddlesports, Rivers and Waterways | Tags: Access Path, assumption of the risk, Battenkill River, Battenkill River Sports & Campground Holding Company, Open and Obvious, River Tubing, Tubing | Leave a comment

Rooney v. Battenkill River Sports & Campground Holding Co. (N.Y. Sup. Ct. 2022)

Jessica Rooney, Appellant-Respondent,
v.
Battenkill River Sports & Campground Holding Company, LLC, Respondent-Appellant.

No. 2022-02606

Supreme Court of New York, Third Department

April 21, 2022

Calendar Date:February 10, 2022

Basch & Keegan, LLP, Kingston (Derek J. Spada of counsel), for appellant-respondent.

Mark D. Goris, Cazenovia, for respondent-appellant.

Before: Egan Jr., J.P., Clark, Aarons, Reynolds Fitzgerald and McShan, JJ.

Reynolds Fitzgerald, J.

Cross appeals from an order of the Supreme Court (McGrath, J.), entered July 1, 2021 in Rensselaer County, which granted defendant’s motion for summary judgment dismissing the complaint.

In July 2018, plaintiff sustained injuries when she slipped on a rock located on an access path while attempting to access the Battenkill River to go water tubing. Plaintiff subsequently commenced this negligence action against defendant, the company that rented her the tube and shuttled her by van to the river’s access point. Following joinder of issue and discovery, defendant moved for summary judgment dismissing the complaint on the basis that defendant did not owe or breach any duty to plaintiff and that plaintiff’s claim was barred by the doctrine of primary assumption of risk. Plaintiff opposed the motion arguing, among other things, that defendant was a common carrier and, as such, it owed a duty of care to maintain the access path. Supreme Court found that defendant operated as a common carrier, and that questions of fact existed as to whether the embankment’s access path was primarily used for defendant’s business and whether defendant assumed a duty of care. Nevertheless, Supreme Court granted defendant’s motion and dismissed the complaint, finding that the doctrine of primary assumption of risk applied to bar plaintiff’s claims. Plaintiff appeals and defendant cross appeals from those portions of the order that found defendant to be a common carrier and that questions of fact exist as to whether defendant owed plaintiff a duty of care. ^[1]

The gravamen of plaintiff’s contention is that the doctrine of primary assumption of risk is inapplicable here because, although she had traversed the at-issue access path on a prior occasion, such activity is not an inherent risk associated with water tubing. “Under the assumption of risk doctrine, a person who elects to engage in a sport or recreational activity consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and flow from such participation” (Schorpp v Oak Mtn., LLC, 143 A.D.3d 1136, 1137 [2016] [internal quotation marks and citations omitted]; see Morgan v State of New York, 90 N.Y.2d 471, 484-485 [1997]; Thompson v Windham Mtn. Partners, LLC, 161 A.D.3d 1366, 1366 [2018]; Youmans v Maple Ski Ridge, Inc., 53 A.D.3d 957, 958 [2008]). “The duty owed under these circumstances is a duty to exercise care to make the conditions as safe as they appear to be. If the risks of the activity are fully comprehended or perfectly obvious, plaintiff has consented to them and defendant has performed its duty” (Youmans v Maple Ski Ridge, Inc., 53 A.D.3d at 958 [internal quotation marks and citations omitted]).

In support of its motion, defendant submitted photographs ^[2] of the access path used by plaintiff and the particular rock that plaintiff identified as the one on which she slipped. Defendant also relied on the depositions of plaintiff and Suzanne Piekarz, the daughter of defendant’s owner. Plaintiff’s testimony confirmed that she had previously used the same access path on a prior water tubing excursion. Piekarz, who has worked at the business since she was a child, testified that the access path consisted of dry dirt and was not particularly rocky, and that the business did not own or maintain the river’s embankment access path. Her testimony also revealed that customers were warned by posted and written materials to walk and not run to the river, and that they assumed the risk for all river water activities, including one sign, which read:” you assume risk of injury and/or death when participating in river activities .” Given this evidence, we find that defendant established its prima facie entitlement to judgment as a matter of law that plaintiff, who had prior experience water tubing and who had on a prior occasion used the same access path, assumed the inherent risk of her injuries. The risk of falling on uneven and rocky terrain while traversing the river’s embankment to access the river is a commonly appreciated and an obvious risk inherent in and arising out of the nature of the sport of river tubing (see Sara W. v Rocking Horse Ranch Corp., 169 A.D.3d 1342, 1343-1344 [2019]; Martin v State of New York, 64 A.D.3d 62, 64 [2009], lv denied 13 N.Y.3d 706 [2009]; Youmans v Maple Ski Ridge, Inc., 53 A.D.3d at 959).

Thus, the burden shifted to plaintiff to raise a triable issue of fact as to whether defendant concealed or unreasonably enhanced the danger, engaged in reckless or intentional conduct or created conditions that were unique and not inherent in river water sports activities (see Morgan v State of New York, 90 N.Y.2d at 487). Plaintiff testified at her deposition that she previously rented a tube from defendant on two prior occasions and that she was taken by shuttle van to an access point, including on one occasion to the same access point where the accident occurred. Plaintiff recalled receiving documentation to fill out, viewing some warning signs at or near the rental office and receiving some general instructions during the shuttle van ride, but she did not recall any specific discussions, warnings or instructions regarding the access point or how to traverse from the shuttle van down to the river’s embankment access path to the river. Plaintiff described the river’s embankment access path as a narrow, rocky path that was difficult to navigate while holding a tube. Plaintiff stated that she was wearing flip flops and did not know what caused her to fall. Lastly, plaintiff asserted that when she went river tubing in 2017, the river embankment access path was a much smoother surface consisting of hard packed dirt and gravel.

“One who engages in water sports assumes the reasonably foreseeable risks inherent in the activity” Sartoris v State of New York, 133 A.D.2d 619, 620 [1987] [citation omitted]), and it is foreseeable that, in order to gain access to the river, plaintiff needed to traverse down an uneven embankment consisting of rock and gravel. Although plaintiff encountered less than optimal conditions on the river embankment access path in July 2018, the risk of falling on the natural, rocky terrain is interwoven with and inherent in the sport of river water tubing and therefore was assumed by her. Plaintiff’s vague and equivocal testimony that defendant unreasonably increased the risk of traversing the path was insufficient to create a question of fact. Moreover, although plaintiff testified that there was no warning sign at the access point, a warning sign is unnecessary as “[t]he duty to warn… does not extend to open and obvious dangers – particularly those encompassing natural geographic phenomena which can readily be observed by those employing the reasonable use of their senses” (Arsenault v State of New York, 96 A.D.3d 97, 101 [2012] [internal quotation marks and citations omitted]). In view of the foregoing, we find that Supreme Court’s award of summary judgment to defendant dismissing the complaint was proper (see Martin v State of New York, 64 A.D.3d at 65; Youmans v Maple Ski Ridge, Inc., 53 A.D.3d at 959-960).

Egan Jr., J.P., Clark, Aarons and McShan, JJ., concur.

ORDERED that the order is affirmed, without costs.

ORDERED that the cross appeal is dismissed, without costs.

———

Notes:

^[1] As Supreme Court granted defendant’s motion for summary judgment dismissing the complaint, defendant is not aggrieved by Supreme Court’s July 2021 order (see CPLR 5511), and defendant’s cross appeal must therefore be dismissed (see Matter of Village Green Hollow, LLC v Assessor of the Town of Mamakating, 145 A.D.3d 1134, 1135 n 2 [2016]; Maldonado v DiBre, 140 A.D.3d 1501, 1503 n 3 [2016], lv denied 28 N.Y.3d 908 [2016]). Although defendant’s arguments are properly before us as alternative grounds for affirmance, our decision renders them academic (see Ford v Rifenburg, 94 A.D.3d 1285, 1285 n 1 [2012]; McCormick v Bechtol, 68 A.D.3d 1376, 1378 n 2 [2009], lv denied 15 N.Y.3d 701 [2010], cert denied 562 U.S. 1063 [2010]).

^[2] Said photographs reflect the position and size of the rock, neither of which is particularly remarkable, and confirm plaintiff’s contention that the rocks located on this river access path were “not even.”

———

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Estate of Taylor v. Outdoor Adventures of Davison, LLC (Mich. App. 2022)

Posted: January 31, 2022 | Author: Recreation Law | Filed under: Michigan, Paddlesports, Uncategorized | Tags: Commercial Campground, drowning, Exclusive Remedy, Michigan, Paddleboard, Worker's Compensation | Leave a comment

Estate of Taylor v. Outdoor Adventures of Davison, LLC (Mich. App. 2022)

ESTATE OF ALLYN L. TAYLOR, by LOUIS B. TAYLOR, Personal Representative, Plaintiff-Appellee,
v.
OUTDOOR ADVENTURES OF DAVISON, LLC, Defendant-Appellant.

Nos. 355035, 355036

Court of Appeals of Michigan

January 13, 2022

UNPUBLISHED

Genesee Circuit Court LC No. 18-110936-NO.

Before: Mark T. Boonstra, P.J., and Mark J. Cavanagh and Michael J. Riordan, JJ.

Per Curiam.

In this negligence action arising from the drowning death of plaintiff’s decedent, Allyn Taylor, defendant Outdoor Adventures of Davison, LLC, appeals by leave granted the trial court’s orders denying its motions for summary disposition.^[1] We hold that the trial court erred by ruling that the exclusive remedy provision of the Worker’s Disability Compensation Act (WDCA), MCL 418.101 et seq., did not apply to bar plaintiff’s negligence claim. At the time of his drowning death, Taylor, an employee of defendant, was on defendant’s grounds performing a task for defendant within a reasonable time after his working hours. Thus, he is presumed to have been in the course of his employment and he was not engaged in an activity the major purpose of which was social or recreational. MCL 418.301(3). Therefore, under MCL 418.131(1), the WDCA provides plaintiffs exclusive remedy against defendant for Taylor’s drowning death. Accordingly, we reverse and remand to the trial court for entry of summary disposition in favor of defendant.

I. BACKGROUND

This case arises from the tragic June 12, 2016 drowning death of plaintiff s decedent, 20-year-old Allyn Taylor, on Lake Linda in Davison, Michigan. Taylor was an employee of defendant, which owns a campground on Lake Linda. Defendant provided paddleboats to its customers for their use on Lake Linda. Taylor’s job responsibilities included checking out the boats and making sure all the boats were accounted for at the end of the day. When the boats were not in use, they were moored to a dock, but many of the ties were bad so boats would sometimes float away. One of Taylor’s job responsibilities was to retrieve any wayward paddleboats. Taylor would sometimes use another boat to pull a wayward boat back in, but if the wayward boat was not too far away from the dock, Taylor would sometimes swim out to it and pull it back in. Evidence was presented that the lake contained seaweed or lake weeds in the water near the dock, which could make swimming difficult.

On June 12, 2016, Taylor finished work at approximately 8:00 p.m. He thereafter spoke to his mother on the telephone and told her that he was going to go fishing while he waited for his parents to pick him up, and he also planned on bringing in a paddleboat that had drifted away from the dock. Taylor drowned that evening while swimming to reach a wayward paddleboat.

According to Deputy Jason Thomas of the Genesee County Dive Team, the water right near the dock was clear, but lake weeds were visible at the top of the water within 10 yards of the dock. Taylor’s body was recovered in 9 to 10 feet of water near the wall of lake weeds, approximately 90 feet from the dock. Autopsy photographs showed that Taylor had weeds wrapped around his left arm, in his mouth, and also in his nose. Plaintiffs expert in aquatic safety, Ralph L. Johnson, Ph.D, opined that Taylor experienced an “active drowning,” whereby he became entangled in the lake weeds, which caused him to panic below the water surface, struggle a great deal, and “suck[] water like crazy.” Although Taylor had also been diagnosed with syncope, a physical condition that causes fainting spells, neither Johnson nor the medical examiner, Dr. Patrick Cho, M.D., believed that this condition contributed to Taylor’s drowning.

Plaintiff filed this action against defendant for negligence. Plaintiff alleged that Taylor drowned as a result of becoming entangled in the lake weeds in Lake Linda, and that defendant was aware of the hazardous lake weeds and did nothing to alleviate the dangerous condition or to warn swimmers of the potential danger. As relevant to these appeals, defendant filed two motions for summary disposition under MCR 2.116(C)(4) and (C)(10), respectively, asserting that plaintiffs action was barred by the exclusive remedy provision of the WDCA, MCL 418.131(1), and that plaintiffs action was barred by the recreational land use act (RUA), MCL 324.73301(1), because Taylor was engaged in the recreational activity of swimming at the time of his drowning death. Defendant also argued that plaintiff could not establish a triable issue of fact regarding causation because plaintiffs theory that Taylor drowned after becoming entangled in the lake weeds was based solely on speculation, which is insufficient to establish a question of fact. The trial court disagreed with defendant on all of these issues, and thus denied defendant’s motions for summary disposition. As noted, this Court granted defendant’s two applications for leave to appeal and consolidated the cases.

II. EXCLUSIVE REMEDY

We first consider defendant’s argument that the trial court erred by holding that the exclusive remedy provision of the WDCA did not apply to bar plaintiff’s action. We agree that defendant was entitled to summary disposition on this ground.

“We review de novo a trial court’s decision on a motion for summary disposition.” O’Leary v O’Leary, 321 Mich.App. 647, 651; 909 N.W.2d 518 (2017). Summary disposition is appropriate under MCR 2.116(C)(4) if the trial court does not have jurisdiction over the subject matter. Petersen Fin LLC v Kentwood, 326 Mich.App. 433, 441; 928 N.W.2d 245 (2018). If the facts are not in dispute, the issue of whether a plaintiff’s injury arose out of and in the course of employment under MCL 418.301(1) is a question of law reviewed de novo. See Smith v Chrysler Group, LLC, 331 Mich.App. 492, 496; 954 N.W.2d 214 (2020).

It is undisputed that, at the time of Taylor’s drowning, he was attempting to secure a wayward paddleboat for defendant, his employer. MCL 418.301 provides, in pertinent part:

(1) An employee, who receives a personal injury arising out of and in the course of employment by an employer who is subject to this act at the time of the injury, shall be paid compensation as provided in this act. . . .

* * *

(3) An employee going to or from his or her work, while on the premises where the employee’s work is to be performed, and within a reasonable time before and after his or her working hours, is presumed to be in the course of his or her employment. Notwithstanding this presumption, an injury incurred in the pursuit of an activity the major purpose of which is social or recreational is not covered under this act.

MCL 418.131(1) further provides that “[t]he right to the recovery of benefits as provided in [the WDCA] shall be the employee’s exclusive remedy against the employer for a personal injury or occupational disease. The only exception to this exclusive remedy is an intentional tort.” Under MCL 418.131(3), however, an injury is not covered by the WDCA if it was incurred “in the pursuit of an activity the major purpose of which is social or recreational.”

In Eversman v Concrete Cutting & Breaking, 463 Mich. 86, 95; 614 N.W.2d 862 (2000), our Supreme Court explained that in applying “the social or recreational test” of MCL 418.301(3), a court “must consider the major purpose of the activity in which the plaintiff was engaged at the time of the injury.” See also Buitendorp v Swiss Valley, Inc, 485 Mich. 879; 772 N.W.2d 50 (2009) (holding that “the major purpose of the plaintiff’s activity at the time of injury determines whether the social or recreational bar [of MCL 418.301(3)] applies”). In considering this question, the court is required to examine “the totality of the circumstances.” Eversman, 463 Mich. at 96. In the present case, the evidence demonstrated that Taylor had finished his work and went fishing while waiting for his parents to pick him up from work, but then decided to swim out to a wayward paddleboat to return it to the dock, which was one of his employment responsibilities. Taylor’s time card reflected that he began work on June 12, 2016, at 12:58 p.m. and clocked out at 8:04 p.m. Two witnesses confirmed that Taylor was fishing with them off the dock, and they last saw Taylor at approximately 8:49 p.m., when they left the dock to go fish by a nearby bridge. The Richfield Township Police Department was dispatched to the scene at 9:45 p.m. Taylor spoke to his mother on the telephone and told her that he planned to retrieve a paddleboat that had floated away from the dock.

Because Taylor was on defendant’s grounds within a reasonable time after his working hours, he is presumed to have been in the course of his employment under MCL 418.301(3). Additionally, under “the social and recreational test” set forth in Eversman, at the time of his drowning, Taylor was attempting to bring into shore a paddleboat that had drifted away. Because the evidence is clear that the “major purpose” of this activity was to perform a task for his employer, it is not subject to the social or recreational bar of MCL 418.301(3). Eversman, 463 Mich. at 95. Therefore, under MCL 418.131(1), the WDCA provides plaintiffs exclusive remedy against defendant for Taylor’s drowning death. Accordingly, the trial court erred by holding that the exclusive remedy provision does not bar plaintiffs negligence claim against defendant.

The present case is distinguishable from Nock v M & G Convoy, Inc (On Remand), 204 Mich.App. 116; 514 N.W.2d 200 (1994), which is cited in Eversman. In Nock, the plaintiff truck driver, after making deliveries for his employer to several cities in Ohio, arrived in Detroit and, while at a Detroit bar, was attacked by another patron with a pool cue and lost an eye. Id. at 118. This Court agreed that under the version of MCL 418.301(3) in effect at that time, “the major purpose” of the plaintiffs patronage at the bar was both social and recreational, and therefore, his injuries were not compensable under the WDCA. Id. at 121. In contrast, Taylor was on defendant’s grounds a short time after his work hours with defendant had ended and, although he was engaged in the social activity of fishing in Lake Linda while waiting for his parents to pick him up, he stopped that activity and was engaged in an effort to secure a wayward paddleboat for defendant at the time he drowned. Under these circumstances, the major purpose of Taylor’s activity at the time of drowning was not social or recreational, and his injuries are presumed to have arisen out of and during the course of his employment. Therefore, the exclusive remedy provision of the WDCA is applicable.^[2]

III. CONCLUSION

We reverse the trial court’s ruling that the exclusive remedy provision of the WDCA is not applicable. At the time of his drowning death, Taylor was on defendant’s grounds performing a task for defendant, his employer, within a reasonable time after his working hours. Thus, he is presumed to have been in the course of his employment and he was not engaged in an activity the major purpose of which was social or recreational. MCL 418.301(1), (3). Therefore, under MCL 418.131(1), the WDCA provides plaintiffs exclusive remedy against defendant for Taylor’s drowning death, and the trial court lacked jurisdiction over this case. We accordingly remand to the trial court for entry of summary disposition in favor of defendant. We do not retain jurisdiction

———

Notes:

^[1] In Docket No. 355035, defendant appeals by leave granted the trial court’s September 16, 2020 order denying its motion for summary disposition under MCR 2.116(C)(4). Estate of Allyn Taylor v Outdoor Adventures of Davison LLC, unpublished order of the Court of Appeals, entered December 17, 2020 (Docket No. 355035). In Docket No. 355036, defendant appeals by leave granted the trial court’s June 29, 2020 order denying its motion for summary disposition under MCR 2.116(C)(10). Estate of Allyn Taylor v Outdoor Adventures of Davison LLC, unpublished order of the Court of Appeals, entered December 17, 2020 (Docket No. 355036). We consolidated the cases “to advance the efficient administration of the appellate process.” Estate of Allyn Taylor v Outdoor Adventures of Davison LLC, unpublished order of the Court of Appeals, entered January 20, 2021 (Docket Nos. 355035 & 335036).

^[2] Having so concluded, we need not reach defendant’s alternate arguments for reversal.

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In the UK you get arrested in the US you get sued

Posted: November 26, 2021 | Author: Recreation Law | Filed under: Paddlesports | Tags: Criminal Charge, Kayaking, SUP, UK | Leave a comment

https://lnkd.in/gUavGDuX

State:

Women arrested in UK for suspicion of gross negligence manslaughter after four people died on #SUP trip. The news report is unclear about exactly what happened or how the four people died.

Why Is This Interesting?

This is a clear example of how the US legal system is so different from the UK or GB legal system. When you leave the US to guide, you might not get sued, but you might go to jail if there is an incident. (You still might get sued when you are back in the US.)

#Fatality #SUP #Paddleboard @RecreationLaw #Paddlesports #PaddleSportsLaw #RecLaw #RecreationLaw

What do you think? Leave a comment below.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

If you are interested in having me, write your release, fill out this Information Form and Contract and send it to me.

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Facebook Page: Outdoor Recreation & Adventure Travel Law

Email: Jim@Rec-Law.US

By Recreation Law Rec-law@recreation-law.com James H. Moss

@2023 Summit Magic Publishing, LLC SummitMagic@gmail.com

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Man sues kayak rental company after falling in Tampa Bay, allegedly catching flesh-eating bacteria

Posted: November 10, 2021 | Author: Recreation Law | Filed under: Florida, Paddlesports, Sea Kayaking | Tags: Admiralty Law, Flesh-Eating Bacteria, Florida, Lawsuit, Sea Kayaking, Seat Adjument | Leave a comment

https://buff.ly/3C5VEgX

State: Florida

The plaintiff rented a kayak from the defendant on Tampa Bay. The seat was not working so an attendant adjusted the seat. After paddling away, the seat failed and the man fell out of the kayak.

He obviously could not re-enter the kayak, so he swam to the put in and tied up the kayak and then swam around looking for an exit. While attempting to get out of the water, he scraped his leg.

He went back to the rental agency and demanded a refund. The agency was dumb enough not to return his money. Mistake
2.

The next day the man developed flesh-eating bacteria and went to the hospital.

Mistake 1 is not having a release (or one that is reported in the article)

Why Is This Interesting?

Based on the article the lawsuit sounds like an admiralty case based on a bad boat charter.

Robert Williams and Ailey Penningroth filed a complaint on September 22 in Hillsborough County Circuit Court against Bay Breeze Paddle Adventures LLC (BBPA) d/b/a Tampa Bay Sup for negligence, breach of charter and loss of consortium.

#Paddling.com @RecreationLaw #Paddlesports #PaddleSportsLaw #RecLaw #RecreationLaw

What do you think? Leave a comment below.

If you like this let your friends know or post it on FB, Twitter or LinkedIn

If you are interested in having me, write your release, fill out this Information Form and Contract and send it to me.

Author: Outdoor Recreation Insurance, Risk Management and Law

To Purchase Go Here:

Facebook Page: Outdoor Recreation & Adventure Travel Law

Email: Jim@Rec-Law.US

By Recreation Law Rec-law@recreation-law.com James H. Moss

@2023 Summit Magic Publishing, LLC SummitMagic@gmail.com

G-YQ06K3L262

Do Releases Work? Should I be using a Release in my Business? Will my customers be upset if I make them sign a release?

Posted: May 18, 2021 | Author: Recreation Law | Filed under: Activity / Sport / Recreation, Adventure Travel, Assumption of the Risk, Avalanche, Camping, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, First Aid, Health Club, Indoor Recreation Center, Insurance, Jurisdiction and Venue (Forum Selection), Medical, Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Playground, Racing, Racing, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Scuba Diving, Sea Kayaking, Search and Rescue (SAR), Ski Area, Skier v. Skier, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Snow Tubing, Sports, Summer Camp, Swimming, Triathlon, Whitewater Rafting, Youth Camps, Zip Line | Tags: #ORLawTextbook, #ORRiskManagment, #OutdoorRecreationRiskManagementInsurance&Law, #OutdoorRecreationTextbook, @SagamorePub, Accidents, Angry Guest, Dealing with Claims, General Liability Insurance, Guide, http://www.rec-law.us/ORLawTextbook, Injured Guest, Insurance policy, James H. Moss J.D., Jim Moss, Liability insurance, OR Textbook, Outdoor Recreation Insurance, Outdoor Recreation Law, Outdoor Recreation Risk Management, Outfitter, RecreationLaw, Risk Management, risk management plan, Textbook, Understanding, Understanding Insurance, Understanding Risk Management, Upset Guest | Leave a comment

These and many other questions are answered in my book Outdoor Recreation Risk Management, Insurance and Law.

Releases, (or as some people incorrectly call them waivers) are a legal agreement that in advance of any possible injury identifies who will pay for what. Releases can and to stop lawsuits.

This book will explain releases and other defenses you can use to put yourself in a position to stop lawsuits and claims.

This book can help you understand why people sue and how you can and should deal with injured, angry or upset guests of your business.

This book is designed to help you rest easy about what you need to do and how to do it. More importantly, this book will make sure you keep your business afloat and moving forward.

You did not get into the outdoor recreation business to worry or spend nights staying awake. Get prepared and learn how and why so you can sleep and quit worrying.

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 Pre-injury 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

$130.00 plus shipping

Artwork by Don Long donaldoelong@earthlink.net

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: April 9, 2020 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

The Colorado River flowing through the Grand Canyon is one of the world’s most awe-inspiring places on earth. Rafting and kayaking down the river is the water trip of a lifetime. Whether you are trying to get a permit or have already one a permit, this new book will instantly make planning your Grand Canyon River trip easier.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

25 years of working on commercial trips in the Grand Canyon and private trips, or as the Park Service calls them non-commercial river trips, has helped me gather the best from both worlds. On top of that I’ve worked river trips for dozens of companies all over the east and west. Twenty-Five years rafting in the West, 1000’s of river days and dozens of commercial and private trips have given me the opportunity to pick the best of all works to write this book and make your trip special.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

Boating the Grand Canyon explains the Non-Commercial River Trip regulations and why and how the Grand Canyon National Park River Rangers enforce the rules. By knowing and understanding the reasoning for the rules you will have a better experience with National Park Service Rangers.

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

12 Chapters of ideas, time savers, equipment and gear to bring and not to bring. The best way to organize your trip and the best way to keep everyone happy. 150 pages of tips, tricks and ideas to keep you enjoying the trip and not worrying about it. Two chapters on resources, links and terminology to help you become the professional Grand Canyon private boater.

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

Whitewater rafting and kayaking the legendary rapids, Horn, Granite, Crystal and Lava are what your dreams concentrate on, are you good enough, can I do it, how much fun am I going to have? This book will show you how to load your boats, and deal with the issues so running the rapids is not the keep you up all night worrying issue it might be.

The Colorado River has so much more to offer than just fantastic Whitewater. Views that are only available on a river trip such as Vasey’s Paradise, Red Wall Cavern, Elves Chasm and Deer Creek Falls are just a few.

No matter if you follow this book to the letter, or you glance through it for some new ideas, Boating the Grand Canyon will help you enjoy the Canyon, watch it change the lives of the people you are floating downriver with and marvel at what it did to you when you get home.

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: March 31, 2020 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: March 26, 2020 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: March 17, 2020 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: March 12, 2020 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: March 3, 2020 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: February 25, 2020 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: February 19, 2020 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

Stand Up Paddleboard case. Rental company not liable for death of renter who could not swim.

Posted: October 14, 2019 | Author: Recreation Law | Filed under: Assumption of the Risk, California, Paddlesports, Release (pre-injury contract not to sue) | Tags: Admiralty Law, drowning, Leash, PFD, Release, Rental, Stand Up Paddleboard, SUP, Waiver | Leave a comment

Release and assumption of the risk both used to defeat plaintiff’s claims.

Citation: Kabogoza v. Blue Water Boating, Inc., et al

State: California, United States District Court, E.D. California

Plaintiff: Mary Bacia Kabogoza, on behalf of herself and the Estate of Davies Khallit Kabogoza

Defendant: Blue Water Boating, Inc., Skip Abed and ten “Roe” defendants

Plaintiff Claims: wrongful death, negligence and gross negligence

Defendant Defenses: Assumption of the Risk and Release

Holding: For the Defendant

Year: 2019

Summary

Renter of a stand-up paddleboard drowned after falling off his board. He did not use the free leash and wore his inflatable PFD incorrectly so it did not work.

Court found the plaintiff assumed the risk and had signed a release preventing his survivors from suing.

Facts

In April 2017, Davies Kabogoza and his friend, Laura Tandy, rented stand-up paddleboards from Defendant Blue Water Boating. Kabogoza had rented paddleboards from this rental company before. He was familiar with the staff, but had never told them that he could not swim.

Kabogoza and Tandy signed a rental agreement before taking out the paddleboards. The one-page agreement included several general and SUP-specific safety rules, along with a release of liability. Upon signing the agreement, the rental company-per Kabogoza’s request-gave him and Tandy intermediate-level paddleboards and belt-pack flotation devices. Regular life vests were also available, but Defendants allow their customers to choose between the two options. Belt-pack flotation devices are “very popular” among paddle boarders, but customers often wear them incorrectly, with the flotation portion of the device facing backwards. Id. Plaintiff alleges that Kabogoza was wearing his incorrectly at the time of the accident.

Defendants also gave its customers the option of using a paddleboard leash. Defendant Skip Abed, the owner of Blue Water Boating, told an investigator that 9 out of 10 times, customers do not want a leash. Neither Kabogoza nor Tandy used a leash while paddleboarding.

Shortly after Kabogoza and Tandy began using their paddleboards in the Santa Barbara Harbor, the wind increased, and the water became choppy. Tandy was in front of Kabogoza when she heard a splash behind her. When she turned around, she saw that Kabogoza had fallen off his board, and was struggling to keep his head above water. Tandy was unable to reach Kabogoza and prevent him from drowning. A dive team later found his body at the bottom of the ocean in about 30 feet of water. Id. When the divers found him, Kabogoza’s flotation device was attached to his waist, but in the backwards position. An inspection revealed that the device was in “good working order.”

The defendants filed a motion to dismiss, which was granted by the district court.

Analysis: making sense of the law based on these facts.

The court first looked at the gross negligence claim of the plaintiffs. Under California law, gross negligence is defined as “the want of even scant care or an extreme departure from the ordinary standard of conduct.” The court then went on to reiterate the California Supreme Court issue of disposing of gross negligence claims that do not meet the definition.

The court then looked at the defense of assumption of the risk. The plaintiff’s plead admiralty and state law claims in this lawsuit. Each has different types of claims and different defenses and defenses to state law claims do not work in admiralty cases and vice versa. The court waded through the differences in each of the defenses presented by the defendant.

Assumption of the risk is not a defense to an admiralty law claim. Assumption of the risk is a defense to state law claims. The court then went back to the gross negligence claim and found the facts plead by the plaintiff did not rise to the level of gross negligence.

The next claim of the plaintiff’s was a wrongful-death claim. A wrongful-death claim is a claim of the survivors of the deceased. However, any defense to a claim by the deceased is a bar to a wrongful-death claim.

Because the rental agreement signed by the deceased included release language, it was a bar to the wrongful-death claim of the deceased survivors.

So Now What?

First, this is a stand up paddleboard rental; however, the court did not treat it any differently then the rental of any other boat.

Knowledge that renters might wear they PFD incorrectly is disconcerting. I would counsel clients to at least post a sign or something showing people the proper way to wear their PFD’s.

I also think a leash would be required to make sure the boards come back. Fall off your board and the currents will send it away faster than you can swim and the rental company has lost another SUP.

However, tragic accident, legally the result was correct I believe.

What do you think? Leave a comment.

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By Recreation Law Rec-law@recreation-law.com James H. Moss

Kabogoza v. Blue Water Boating, Inc., et al.,

Posted: October 9, 2019 | Author: Recreation Law | Filed under: Assumption of the Risk, California, Legal Case, Paddlesports, Release (pre-injury contract not to sue) | Tags: assumption of the risk, Gross negligence, Leash, Negligence, PFD, Release, Rental, Stand Up Paddleboard, SUP, Surivors, Wrongful Death | Leave a comment

Kabogoza v. Blue Water Boating, Inc., et al.,

Mary Bacia Kabogoza, on behalf of herself and the Estate of Davies Khallit Kabogoza, Plaintiff,

Blue Water Boating, Inc., et al., Defendants.

No. 2:18-cv-02722-JAM-KJN

United States District Court, E.D. California

April 5, 2019

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS AND DECLARING PLAINTIFFS’ CROSS-MOTION FOR SUMMARY JUDGMENT MOOT

JOHN A. MENDEZ, UNITED STATES DISTRICT JUDGE.

On October 9, 2018, Mary Kabogoza (“Plaintiff”) filed a complaint against Blue Water Boating, Inc., Skip Abed, and ten “Roe” defendants (“Defendants”). Compl., ECF No. 1. Plaintiff brought a wrongful death claim on her own behalf, and a survival action for negligence on behalf of her deceased husband, Davies Kabogoza. Compl. ¶¶ 8-17. She amended the complaint a month later to replace the negligence claim with a claim for gross negligence. See First Am. Compl. (“FAC”) ¶ 22-29, ECF No. 4. Plaintiff properly invokes the Court’s diversity jurisdiction and admiralty jurisdiction. FAC ¶ 1 (citing 28 U.S.C. §§ 1332, 1333).[1]

Defendants filed a motion to dismiss both of Plaintiff’s claims. Mot. to Dismiss (“Mot.”), ECF No. 6. Plaintiff opposed Defendants’ motion, and filed a Motion for Partial Summary Judgment. Opp’n to Mot. to Dismiss and Cross-Mot. for Partial Summ. J. (“Cross-Mot.”), ECF No. 8. Defendants opposed Plaintiff’s motion. Opp’n to Cross-Mot. and Reply (“Opp’n”), ECF No. 9. Plaintiff, however, never filed a reply to Defendants’ opposition.

For the reasons discussed below, the Court grants in part and denies in part Defendants’ Motion to Dismiss. The Court denies Plaintiff’s Motion for Summary Judgment.

I. FACTUAL ALLEGATIONS

In April 2017, Davies Kabogoza and his friend, Laura Tandy, rented stand-up paddleboards from Defendant Blue Water Boating. FAC ¶ 6. Kabogoza had rented paddleboards from this rental company before. FAC ¶ 7. He was familiar with the staff, but had never told them that he could not swim. FAC ¶ 14.

Kabogoza and Tandy signed a rental agreement before taking out the paddleboards. FAC ¶ 18. The one-page agreement included several general and SUP-specific safety rules, along with a release of liability. FAC, Ex. A. Upon signing the agreement, the rental company-per Kabogoza’s request-gave him and Tandy intermediate-level paddleboards and belt-pack flotation devices. FAC ¶¶ 7, 10, 15. Regular life vests were also available, but Defendants allow their customers to choose between the two options. FAC ¶ 14. Belt-pack flotation devices are “very popular” among paddle boarders, but customers often wear them incorrectly, with the flotation portion of the device facing backwards. Id. Plaintiff alleges that Kabogoza was wearing his incorrectly at the time of the accident. FAC. ¶ 13.

Defendants also gave its customers the option of using a paddleboard leash. FAC ¶ 16. Defendant Skip Abed, the owner of Blue Water Boating, told an investigator that 9 out of 10 times, customers do not want a leash. Id. Neither Kabogoza nor Tandy used a leash while paddleboarding. FAC ¶ 19.

Shortly after Kabogoza and Tandy began using their paddleboards in the Santa Barbara Harbor, the wind increased, and the water became choppy. FAC ¶ 9. Tandy was in front of Kabogoza when she heard a splash behind her. Id. When she turned around, she saw that Kabogoza had fallen off his board, and was struggling to keep his head above water. Id. Tandy was unable to reach Kabogoza and prevent him from drowning. Id. A dive team later found his body at the bottom of the ocean in about 30 feet of water. Id. When the divers found him, Kabogoza’s flotation device was attached to his waist, but in the backwards position. FAC ¶ 12. An inspection revealed that the device was in “good working order.” Id.

II. OPINION

A. Defendants’ Motion to Dismiss

1. Legal Standard

Federal Rule of Civil Procedure 8(a)(2) requires a “short and plain statement of the claim showing that the pleader is entitled to relief.” A court will dismiss a suit if the plaintiff fails to “state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). When considering a motion to dismiss, the Court “must accept as true all of the allegations contained in a complaint.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). It is not, however, “bound to accept as true a legal conclusion couched as a factual allegation.” Id. A court may consider documents whose contents are alleged in or attached to the complaint if no party questions the documents’ authenticity. Knievel v. ESPN, 393 F.3d 1068, 1076 (9th Cir. 2005).

2. Analysis

a. Choice of Law

Plaintiff’s claims arise out of this Court’s admiralty jurisdiction as well as its diversity jurisdiction. A claim arising in admiralty is governed by federal admiralty law. Yamaha Motor Corp., U.S.A. v. Calhoun, 516 U.S. 199, 206 (1996). Ordinarily, a court may not supplement maritime law with state law when the state’s law “will not work material prejudice to the characteristic features of the general maritime law, nor interfere with the proper harmony and uniformity of that law.” Id. at 207 (quoting Western Fuel Co. v. Garcia, 257 U.S. 233, 242 (1921)). However, admiralty law does not provide a cause of action for wrongful death or survival suits independent of the remedies provided by state law. Id. at 206. Thus, in admiralty, “state statutes provide the standard of liability as well as the remedial regime” for wrongful death and survival actions. Id. To the extent that Plaintiff’s claims arise under the Court’s admiralty jurisdiction, California law applies.

When a claim arises out of the court’s diversity jurisdiction, the court applies the substantive law of the forum state. Erie R. Co. v. Tompkins, 304 U.S. 64, 78 (1938). But if the dispute is covered by a valid choice-of-law clause, the laws of the contractually-designated state applies. PAE Government Services, Inc. v. MPRI, Inc., 514 F.3d 856, 860 (9th Cir. 2007). Here, the law of the forum and the law designated by the rental agreement’s choice-of-law clause are the same. See FAC, Ex. A. California law applies to the claims arising out of this Court’s diversity jurisdiction.

b. Gross Negligence

Plaintiff has not stated a claim for gross negligence. Gross negligence is defined as “the want of even scant care or an extreme departure from the ordinary standard of conduct.” Id. (quoting Kearl v. Board of Med. Quality Assurance, Cal.App.3d 1040, 1052-53 (1986). The California Supreme Court has emphasized “the importance of maintaining a distinction between ordinary and gross negligence, ” and disposing of cases on that bases “in appropriate circumstances.” City of Santa Barbara, 41 Cal.4th at 766.

Defendants first argue that Plaintiff’s claim should be dismissed because it is barred by the assumption-of-risk doctrine. Mot. at 9-11. The Court disagrees. To the extent that the claim is arising out of the Court’s admiralty jurisdiction, maritime tort law does not adopt California’s approach to this doctrine. Barber v. Marina Sailing, Inc., 36 Cal.App.4th 558, 568-69 (1995). Assumption of risk, be it express or implied, may not serve as a bar to claims that arise under admiralty law. Id. at 568 (“Numerous federal cases have held in a variety of contexts that assumption of [] risk is not permitted as an affirmative defense in admiralty law.”). While true that California law governs the standard of liability and the remedial regime for survival actions, Defendants do not identify any cases to suggest that Yamaha likewise intended state law to modify the defenses available in admiralty. To the extent that Plaintiff’s gross negligence claim arises under the Court’s admiralty jurisdiction, assumption of risk does not bar the action.

Assumption of risk likewise does not preclude Plaintiff’s gross negligence claim arising under the Court’s diversity jurisdiction. Although California law recognizes assumption of risk as a bar to recovery under some circumstances, it does not allow a party to release itself from liability for gross negligence. City of Santa Barbara v. Super. Ct., 41 Cal.4th 747, 779 (2007). To the extent that Plaintiff’s gross negligence claim arises under the Court’s diversity jurisdiction, assumption of risk, again, does not bar the action. For the same reason, the exculpatory clause in Defendants’ rental agreement does not bar Plaintiff’s survival action for gross negligence. So long as the allegations in the complaint support a plausible claim for relief, Plaintiff’s claim must survive Defendant’s motion to dismiss.

But even when accepted as true, Plaintiff’s allegations do not state a plausible gross negligence claim. Plaintiff alleges that Defendants’ gross negligence is reflected in the following omissions:

• Failing to ask Kabogoza about his swimming abilities before renting him a paddleboard;

• Failing to warn Kabogoza of the danger of using and/or misusing the paddleboard and belt-pack flotation device;

• Failing to ensure that Kabogoza was leashed to the paddleboard while using it; and

• Failing to ensure that Kabogoza knew how to use the paddleboard and belt-pack flotation device.

FAC ¶ 25.[2]

These omissions, when viewed in light of the circumstances surrounding this incident, might give rise to a colorable negligence claim had Kabogoza not released Defendants of liability. But they do not rise to the level of culpability found in the cases Plaintiff cites where gross negligence claims survived motions to dismiss. See Cross-Mot. at 10-11. In City of Santa Barbara, the court found that the plaintiff’s claim for gross negligence properly fell outside the defendant’s exculpatory clause when a young girl with epilepsy drowned at defendant’s camp for developmentally-disabled children. 41 Cal.4th at 751-52. The girl’s parents had told the city that their daughter was prone to seizures while in the water and required constant supervision. Id. at 752. Even so, a camp supervisor- knowing the girl had suffered from a seizure less than an hour earlier-diverted her attention while the child was swimming. Id. The girl had a seizure and drowned. Id.Mayall v. USA Water Polo,Inc., 909 F.3d 1055 (9th Cir. 2018) and Lewis v. Mammoth Mountain Ski Area, No. 1:07-cv-00497-OWW-GSA, 2009 WL 426595 (E.D. Cal. Feb. 20, 2009) involved similarly culpable omissions.

The defendants here differ from the defendants in City of Santa Barbara, Mayall, and Lewis in several important respects. First, Defendants knew that Kabogoza had safely engaged in paddleboarding before. FAC ¶ 9. Unlike in City of Santa Barbara, where defendant knew the decedent had a history of having seizures in the water; Mayall, where defendant knew water-polo players were dangerously returning to play after suffering concussions; and Lewis, where the employee knew he was leading beginner snowmobilers, Defendants had no reason to know that Kabogoza was at an increased risk of harm. In fact, Defendants knew that he had a history of safely participating in this activity. FAC ¶ 9. Kabogoza rented paddleboards from Blue Water Boating on up to three previous occasions. Id.

Furthermore, Defendants equipped all of their customers with safety information and safety equipment regardless of their skill level. FAC ¶¶ 6, 16. Defendants made sure that each renter signed a rental agreement that included clear safety instructions about the products it rented. FAC, Ex. A. Defendants gave each of their customers flotation devices to protect against the inherent and inevitable risk of falling into the ocean. FAC ¶ 6. They also made paddleboard leashes available to all their customers even though nine out of ten renters opted not to use them. FAC ¶ 16.

Plaintiff makes much of the fact that Defendants did not ask about each customer’s swimming abilities or require each customer to have use a leash. FAC ¶ 25; Cross-Mot. at 11. Nor did Defendants specifically work with its customers to ensure they were correctly using the flotation devices. FAC ¶ 25; Cross-Mot. at 11. Rental companies can, of course, always do more to ensure that their customers have the safest possible experience. And when those companies’ rentals involve the level of risk that gives way to this sort of tragedy, they likely should. But the law does not task the Court with answering that question today. Here, the question is whether Defendants acted with “a ‘want of even scant care’ or ‘an extreme departure from the ordinary standard of conduct.’ ” Based on Plaintiff’s pleadings, the Court cannot find that they did.

The Court dismisses Plaintiff’s gross negligence claim without prejudice.

c. Wrongful Death

Plaintiff has not stated a wrongful death claim. Nor did she meaningfully oppose Defendants’ motion to dismiss this claim. California law governs wrongful death claims regardless of whether the claim arises under the court’s diversity or admiralty jurisdiction. Yamaha Motor Corp., 516 U.S. At 206-07. To support a claim of negligent wrongful death under California law, “a plaintiff must establish the standard elements of negligence: defendants owed a duty of care; defendants breached their duty; and defendants’ breach caused plaintiff’s injury.” Hayes v. Cnty.of San Diego, 736 F.3d 1223, 1231 (9th Cir. 2013) (citing Wright v. City of Los Angeles, 219 Cal.App.3d 318, 344 (1990)).

A wrongful death action-unlike claims brought under the state’s survival statute-belong to the decedent’s heirs, not to the decedent. Madison v. Super. Ct., 203 Cal.App.3d 589, 596 (1988). All the same, “a plaintiff in a wrongful death action is subject to any defenses which could have been asserted against the decedent.” Id. at 597. These defenses include a decedent’s decision “to waive the defendant’s negligence and assume all risks.” Id.

Here, Kabogoza signed a rental agreement where he expressly assumed the risks of paddleboarding and released Defendants of liability. FAC, Ex. A. To the extent that the assumption-of-risk and exculpatory clauses purport to release Defendants from liability for ordinary negligence, they are valid. See FAC, Ex. A. See also City of Santa Barbara, 41 Cal.4th at 755-58; Knight v. Jewett, 3 Cal.4th 296, 319-21 (1992). And as already discussed, Plaintiff does not make a showing of gross negligence that would bring her wrongful death action outside the rental agreement’s scope.

The rental agreement precludes Plaintiff from making out a claim of ordinary negligence. To the extent that her wrongful death claim is predicated on Defendants’ ordinary negligence, the Court dismisses it with prejudice.

B. Plaintiff’s Cross-Motion for Summary Judgment

The Court has dismissed the gross negligence claim covered by Plaintiff’s Motion for Partial Summary Judgment. The arguments raised in Plaintiff’s motion are, therefore, moot.

III. ORDER

For the reasons set forth above, the Court GRANTS Defendants’ Motion to Dismiss. Plaintiff’s gross negligence claim is DISMISSED WITHOUT PREJUDICE. If Plaintiffs elect to amend their complaint with respect to these claims, they shall file a Second Amended Complaint within twenty (20) days of this Order. Defendants’ responsive pleading is due twenty (20) days thereafter. Plaintiff’s wrongful death claim is DISMISSED WITH PREJUDICE to the extent that it is based on Defendants’ ordinary negligence.

The Court DENIES AS MOOT Plaintiff’s Motion for Summary Judgment on her gross negligence claim.

IT IS SO ORDERED.

———

Notes:

[1] This motion was determined to be suitable for decision without oral argument. E.D. Cal. L.R. 230(g). The hearing was scheduled for February 19, 2019.

[2] Plaintiff also alleges that Defendants breached a duty to Kabogoza by failing to safely manufacture the paddleboard and flotation device, and by failing to timely issue recalls of the defective products. FAC ¶ 25. But to date, Plaintiff has not joined any manufacturers or distributors as defendants.

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: September 18, 2019 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: September 4, 2019 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: August 21, 2019 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: August 7, 2019 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

New Book Aids Both CEOs and Students

Posted: August 1, 2019 | Author: Recreation Law | Filed under: Adventure Travel, Assumption of the Risk, Camping, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, First Aid, Insurance, Jurisdiction and Venue (Forum Selection), Legal Case, Medical, Mountain Biking, Mountaineering, Paddlesports, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Sea Kayaking, Ski Area, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Swimming, Whitewater Rafting, Zip Line | Tags: Adventure travel, and Law, assumption of the risk, camping, Case Analysis, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Desk Reference, Donkeys, Equine Activities (Horses, first aid, Good Samaritan Statutes, Hang gliding, Insurance, James H. Moss, Jurisdiction and Venue (Forum Selection), Law, Legal Case, Medical, Mountain biking, Mountaineering, Mules) & Animals, Negligence, Outdoor Industry, Outdoor recreation, Outdoor Recreation Insurance, Outdoor Recreation Risk Management, Paddlesports, Paragliding, Recreational Use Statute, Reference Book, Release (pre-injury contract not to sue), Reward, Risk, Risk Management, Rivers and Waterways, Rock climbing, Sea Kayaking, ski area, Ski Area Statutes, Skiing / Snow Boarding, Skydiving, swimming, Textbook, Whitewater Rafting, zip line | Leave a comment

“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.”

The Reference book is sold via the Summit Magic Publishing, LLC.

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.

PURCHASE

TABLE OF CONTENTS

Table of Cases

Introduction

Outdoor Recreation Law and Insurance: Overview

Risk

Perception versus Actual Risk

Risk v. Reward

Risk Evaluation

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

Negative Feelings

Litigation

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

Employees

How Do You Handle A Victim?

Dealing with Different People

Dealing with Victims

Legal System in the United States

Courts

State Court System

Federal Court System

Other Court Systems

Laws

Statutes

Parties to a Lawsuit

Attorneys

Trials

Law

Torts

Negligence

Duty

Breach of the Duty

Injury

Proximate Causation

Damages

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

Intentional Torts

Gross Negligence

Willful & Wanton Negligence

Intentional Negligence

Negligence Per Se

Strict Liability

Attractive Nuisance

Results of Acts That Are More than Ordinary Negligence

Product Liability

Contracts

Breach of Contract

Breach of Warranty

Express Warranty

Implied Warranty

Warranty of Fitness for a Particular Purpose

Warranty of Merchantability

Warranty of Statute

Detrimental Reliance

Unjust Enrichment

Liquor Liability

Food Service Liability

Damages

Compensatory Damages

Special Damages

Punitive Damages

Statutory Defenses

Skier Safety Acts

Whitewater Guides & Outfitters

Equine Liability Acts

Legal Defenses

Assumption of Risk

Express Assumption of Risk

Implied Assumption of Risk

Primary Assumption of Risk

Secondary Assumption of Risk

Contributory Negligence

Assumption of Risk & Minors

Inherent Dangers

Assumption of Risk Documents.

Assumption of Risk as a Defense.

Statutory Assumption of Risk

Express Assumption of Risk

Contributory Negligence

Joint and Several Liability

Release, Waivers & Contracts Not to Sue

Why do you need them

Exculpatory Agreements

Releases

Waivers

Covenants Not to sue

Who should be covered

What should be included

Negligence Clause

Jurisdiction & Venue Clause

Assumption of Risk

Other Clauses

Indemnification

Hold Harmless Agreement

Liquidated Damages

Previous Experience

Misc

Photography release

Video Disclaimer

Drug and/or Alcohol clause

Medical Transportation & Release

HIPAA

Problem Areas

What the Courts do not want to see

Statute of Limitations

Minors

Adults

Defenses Myths

Agreements to Participate

Parental Consent Agreements

Informed Consent Agreements

Certification

Accreditation

Standards, Guidelines & Protocols

License

Specific Occupational Risks

Personal Liability of Instructors, Teachers & Educators

College & University Issues

Animal Operations, Packers

Equine Activities

Canoe Livery Operations

Tube rentals

Downhill Skiing

Ski Rental Programs

Indoor Climbing Walls

Instructional Programs

Mountaineering

Retail Rental Programs

Rock Climbing

Tubing Hills

Whitewater Rafting

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

Insurance

Theory of Insurance

Insurance Companies

Deductibles

Self-Insured Retention

Personal v. Commercial Policies

Types of Policies

Automobile

Comprehension

Collision

Bodily Injury

Property Damage

Uninsured Motorist

Personal Injury Protection

Non-Owned Automobile

Hired Car

Fire Policy

Coverage

Liability

Named Peril v. All Risk

Commercial Policies

Underwriting

Exclusions

Special Endorsements

Rescue Reimbursement

Policy Procedures

Coverage’s

Agents

Brokers

General Agents

Captive Agents

Types of Policies

Claims Made

Occurrence

Claims

Federal and State Government Insurance Requirements

Bibliography

Index

The 427-page volume is sold via Summit Magic Publishing, LLC.

What is a Risk Management Plan and What do You Need in Yours?

Posted: July 25, 2019 | Author: Recreation Law | Filed under: Activity / Sport / Recreation, Adventure Travel, Assumption of the Risk, Avalanche, Camping, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, First Aid, Health Club, Indoor Recreation Center, Jurisdiction and Venue (Forum Selection), Legal Case, Medical, Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Playground, Racing, Racing, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Scuba Diving, Sea Kayaking, Search and Rescue (SAR), Ski Area, Skier v. Skier, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Snow Tubing, Sports, Summer Camp, Swimming, Triathlon, Whitewater Rafting, Youth Camps, Zip Line | Tags: #ORLawTextbook, #ORRiskManagment, #OutdoorRecreationRiskManagementInsurance&Law, #OutdoorRecreationTextbook, @SagamorePub, Adventure travel, and Law, assumption of the risk, camping, Case Analysis, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Donkeys, Equine Activities (Horses, first aid, General Liability Insurance, Good Samaritan Statutes, Guide, Hang gliding, http://www.rec-law.us/ORLawTextbook, Insurance, Insurance policy, James H. Moss, James H. Moss J.D., Jim Moss, Jurisdiction and Venue (Forum Selection), Legal Case, Liability insurance, Medical, Mountain biking, Mountaineering, Mules) & Animals, Negligence, OR Textbook, Outdoor Recreation Insurance, Outdoor Recreation Law, Outdoor Recreation Risk Management, Outfitter, Paddlesports, Paragliding, Recreational Use Statute, Release (pre-injury contract not to sue), Risk Management, risk management plan, Rivers and Waterways, Rock climbing, Sea Kayaking, ski area, Ski Area Statutes, Skiing / Snow Boarding, Skydiving, swimming, Textbook, Understanding, Understanding Insurance, Understanding Risk Management, Whitewater Rafting, zip line | Leave a comment

Everyone has told you, you need a risk management plan. A plan to follow if you have a crisis. You‘ve seen several and they look burdensome and difficult to write. Need help writing a risk management plan? Need to know what should be in your risk management plan? Need Help?

This book can help you understand and write your plan. This book is designed to help you rest easy about what you need to do and how to do it. More importantly, this book will make sure you plan is a workable plan, not one that will create liability for you.

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

I have a new book: Boating the Grand Canyon: A “How To” for Private Boaters

Posted: July 24, 2019 | Author: Recreation Law | Filed under: Paddlesports, Whitewater Rafting | Tags: #GrandCanyonRiverGuides, #RecLaw, @GrandCanynTrust, @GrandCanyonNPS, @Interior, @NatlParkService, @SC_GrandCanyon, Colorado River, GCRG, Grand Canyon, Grand Canyon National Park, Grand Canyon Private Boaters Association, Grand Canyon River Guides, Grand Canyon Trust, Multi-Day River Trip, National Park Servce, Non-Commercial River Trip, Packing List, Paddlesports, Private Boater, RecreationLaw, River Trip, Whitewater, Whitewater Rafting | Leave a comment

Boating the Grand Canyon: A “How To” for Private Boaters

https://rec-law.us/GrandCanyon

Waiting to raft the Colorado River through the Grand Canyon, the greatest river trip in the world?

This new book, Boating the Grand Canyon: A “How To” for Private Boaters, will help make your once in a lifetime trip work.

You want this once in a lifetime experience to be everything you have heard and dreamed about for years. Boating the Grand Canyon Will help make those dreams come true.

This new book will instantly make planning your Grand Canyon River trip easier.

This book will

Plan on getting your trip together
Pick the perfect friends to go down the river with you.
Help you understand the equipment to take or that you renting from an outfitter
Know what gear you need to bring with you to make the trip easier and better
Give you more time to enjoy the Grand Canyon
Save you time
Save you money
Show you all of the options you have in planning and running your trip
Help you transfer your river trip skills to a Grand Canyon trip

This book is full of:

Ideas on how to plan and what not to plan for your private river trip.
How to decide what meals will work for your group and trip
Ideas on how to organize
- Your trip
- Your kitchen crews
- Your menu
- Your menu based on your schedule
- Your boat
How to Quickly rig in the morning
How to easily de-rig in the evening
How to plan, in advance

You want to run the Grand Canyon.
Planning your trip: Organizing Your People
What to Take Down the River: Stuff
Food and Pre-Trip Food Preparation
Things to do before you Start Your Trip
Ideas on Packing and Rigging
On the River
Special days on the River
Getting to the End of your trip
Hints Tips & Tricks
River Etiquette
Books, Websites & References
Appendix
Glossary: Grand Canyon Terms & Terminology

The Grand Canyon will change your life! This book, Boating the Grand Canyon will give you more Time to Enjoy the Adventure.

Summit Magic Publishing, LLC

Jim Moss

Can’t Sleep? Guest was injured, and you don’t know what to do? This book can answer those questions for you.

Posted: July 23, 2019 | Author: Recreation Law | Filed under: Adventure Travel, Assumption of the Risk, Avalanche, Camping, Climbing, Climbing Wall, Contract, Criminal Liability, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, First Aid, Health Club, How, Indoor Recreation Center, Insurance, Jurisdiction and Venue (Forum Selection), Medical, Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Playground, Racing, Racing, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Scuba Diving, Sea Kayaking, Search and Rescue (SAR), Ski Area, Skier v. Skier, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Snow Tubing, Sports, Summer Camp, Swimming, Triathlon, Whitewater Rafting, Youth Camps, Zip Line | Tags: #ORLawTextbook, #ORRiskManagment, #OutdoorRecreationRiskManagementInsurance&Law, #OutdoorRecreationTextbook, @SagamorePub, Accidents, Angry Guest, Dealing with Claims, General Liability Insurance, Guide, http://www.rec-law.us/ORLawTextbook, Injured Guest, Insurance policy, James H. Moss J.D., Jim Moss, Liability insurance, OR Textbook, Outdoor Recreation Insurance, Outdoor Recreation Law, Outdoor Recreation Risk Management, Outfitter, RecreationLaw, Risk Management, risk management plan, Textbook, Understanding, Understanding Insurance, Understanding Risk Management, Upset Guest | Leave a comment

An injured guest is everyone’s business owner’s nightmare. What happened, how do you make sure it does not happen again, what can you do to help the guest, can you help the guests are just some of the questions that might be keeping you up at night.

This book can help you understand why people sue and how you can and should deal with injured, angry or upset guests of your business.

This book is designed to help you rest easy about what you need to do and how to do it. More importantly, this book will make sure you keep your business afloat and moving forward.

You did not get into the outdoor recreation business to worry or spend nights staying awake. Get prepared and learn how and why so you can sleep and quit worrying.

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 Pre-injury 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

$130.00 plus shipping

Need a Handy Reference Guide to Understand your Insurance Policy?

Posted: July 18, 2019 | Author: Recreation Law | Filed under: Adventure Travel, Assumption of the Risk, Avalanche, Challenge or Ropes Course, Climbing, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, Health Club, Indoor Recreation Center, Insurance, Jurisdiction and Venue (Forum Selection), Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Racing, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock Climbing, Scuba Diving, Sea Kayaking, Ski Area, Skier v. Skier, Skiing / Snow Boarding, Skydiving, Paragliding, Hang gliding, Snow Tubing, Sports, Summer Camp, Swimming, Whitewater Rafting, Youth Camps, Zip Line | Tags: #ORLawTextbook, #ORRiskManagment, #OutdoorRecreationRiskManagementInsurance&Law, #OutdoorRecreationTextbook, @SagamorePub, Adventure travel, and Law, assumption of the risk, camping, Case Analysis, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Donkeys, Equine Activities (Horses, first aid, General Liability Insurance, Good Samaritan Statutes, Guide, Hang gliding, http://www.rec-law.us/ORLawTextbook, Insurance, Insurance policy, James H. Moss, James H. Moss J.D., Jim Moss, Jurisdiction and Venue (Forum Selection), Legal Case, Liability insurance, Medical, Mountain biking, Mountaineering, Mules) & Animals, Negligence, Outdoor Recreation Insurance, Outdoor Recreation Law, Outdoor Recreation Risk Management, Outfitter, Paddlesports, Paragliding, Recreational Use Statute, Release (pre-injury contract not to sue), Risk Management, Rivers and Waterways, Rock climbing, Sea Kayaking, ski area, Ski Area Statutes, Skiing / Snow Boarding, Skydiving, swimming, Whitewater Rafting, zip line | Leave a comment

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.

It's not what I write, It's what you Learn

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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Boating the Grand Canyon: A “How To” for Private Boaters

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“Outdoor Recreation Insurance, Risk Management, and Law” is a definitive guide to preventing and overcoming legal issues in the outdoor recreation industry

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Everyone has told you, you need a risk management plan. A plan to follow if you have a crisis. You‘ve seen several and they look burdensome and difficult to write. Need help writing a risk management plan? Need to know what should be in your risk management plan? Need Help?

This book can help you understand and write your plan. This book is designed to help you rest easy about what you need to do and how to do it. More importantly, this book will make sure you plan is a workable plan, not one that will create liability for you.

Rate this: