Dolores River Boating Advocates is looking for a Program Coordinator
Posted: June 21, 2013 Filed under: Paddlesports, Rivers and Waterways | Tags: Dolores River, Non-Profit, Program Coordinator Leave a comment
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News May 27, 2013
Posted: May 31, 2013 Filed under: Climbing, Cycling, Mountaineering, Paddlesports, Ski Area, Skiing / Snow Boarding | Tags: Alabama, Arapahoe Basin, California, Cycling, Kenai Peninsula, MISSISSIPPI, Mountaineering, Nebraska, Paddlesports, Six Mile Creek, skiing, YMCA Leave a commentRundown of weekly news that might be of interest!
Legal
The age that minors become adults.
I am constantly writing about the different legal issues of minors, here you can check on what that means for your state.
The age when a minor becomes an adult is currently 18 in 47 states. Alabama and Nebraska state law says an adult is someone who is 19 or older and Mississippi an adult is 21 or older.
There are exceptions for all the laws on minority in each state. A minor can become an adult if they marry, if they are emancipated or by special statutory exceptions.
Against the law now for kids to not pay attention?
Parents sue because kids were playing. Group of kids on a YMCA outing to a miniature golf course were playing around. One kid hit another in the mouth with a golf club and injured the girl. The parents are suing for inadequate supervision.
How many adults would you have to have to keep kids from playing around? 10 kids, 20 adults? The only result of these suits is kids are not going to be taken care of by adults except their parents.
Commercial whitewater fatality on the Kenai Peninsula‘s Six Mile Creek.
Skiing
Vail just got bigger!
Vail resorts just signed a 50 year lease to run The Canyons in Utah. This will make the Vail Season pretty amazing. Nine resorts (the PR forgot about #A-Basin) will be available to season pass holders in three states: CO, UT and CA.
Is resort a fake? Town is
New 23 lift resort has been approved in #BC Canada. Approval was granted by a town council of a town that does not exist…..
Paddlesports
Rituals v. Habits
Great article about how commercial boatman, sometimes pick up habits that become rituals in the Grand Canyon.
If you can call water flowing between concrete walls on a concrete floor a river……
The Los Angeles River is now open to the public again. Or at least 2.5 miles of it.
Training
Future Career or future disability
Training kids too hard to early does not create great athletic prodigies, only injuries.
#Nike has stopped its support for #LiveStrong.
Mountaineering
Climb meaning sitting in you easy chair with a beer
New iOs App allows you to climb Mtn Everest.
One way to get down
Video of a base jump? Paraglide off Mt. Everest
Overachievers!
Not satisfied to climb Mt #Everest once, David Liano Gonzalez climbed it twice, in the same season, once from the South Side (Nepalese) and once from the North Side (Chinese).
It’s still climbing….right?
Companies are considering putting a ladder on the Hilliary Step on Mt. Everest. There is already a ladder on the North side.
Nepal demanding payment for summit broadcast
There are actually rules for climbing Mt. #Everest. One of those is you cannot #broadcast from sacred areas. The summit is a sacred area. Now Nepal wants paid for a broadcast.
OR Business
Things change
#Nike has stopped its support for #LiveStrong.
OR Life
Animals are amazing
Video of amazing ways that animals defend themselves.
Oh, I’m a survivor
What happens after 400 years under a #glacier and the glacier retreats? Well if you are a #Moss you start to grow again.
This is just so wrong
10 Apps for Enjoying the Great Outdoors
Environment
With Glaciers retreating the mountains are coming down also.
Cycling
Infographic for cycling pre-ride checklist.
Mind the Ride
A bike riding group, Denver Cruisers (http://rec-law.us/17t1bOD) which rides every Wednesday night around downtown Denver has created a bicycle awareness campaign.
The campaign is pretty stark, very good and great for a group just not to promote themselves.
What do you think? Leave a comment.
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What do you think? Leave a comment.
If you like this let your friends know or post it on FB, Twitter or LinkedIn
Copyright 2013 Recreation Law (720) Edit Law
Email: Rec-law@recreation-law.com
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By Recreation Law Rec-law@recreation-law.com James H. Moss #Authorrank
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2013 Northwest Paddling Festival Vendor Information Package
Posted: February 8, 2013 Filed under: Paddlesports, Sea Kayaking, Swimming | Tags: British Columbia, Issaquah Washington, SEATTLE, Travel and Tourism, Watercraft paddling Leave a comment
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Great Holiday Greetings: Sea Kayaker Magazine
Posted: December 15, 2012 Filed under: Sea Kayaking | Tags: Kayak, Sea kayak, Sea Kayaker, Sea Kayaker Magazine, SEATTLE Leave a comment
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Happy Holidays!
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L.L. Bean and Point 65 to creat kayak with 100 L.L. Bean Employees
Posted: May 31, 2012 Filed under: Paddlesports, Sea Kayaking | Tags: Freeport, Guinness World Records, Kayak, Kayaks, L.L. Bean, MAINE, Paddlesports, Point 65, Sea kayak, Snap Kayaks 1 CommentL.L.Beanto attempt getting 100 employees into world’s longest modular kayak in celebration of its 100th Anniversary during Annual PaddleSports Weekend, June 1-3
The event will also feature free boat testing, demonstrations, clinics, kid’s activities, guided kayak tours, free oceanside cookout, live music and great deals.
FREEPORT, ME.—As part of its ongoing 100th Anniversary celebration, L.L.Bean will attempt to get 100 employees into a uniquely built kayak that is nearly 500’ long during their 31st Annual PaddleSports Weekend. This could be a world-record for the longest modular kayak ever and if successful, L.L.Bean will submit it to Guinness World Records for consideration. The unique kayak being used for the attempt, the Point 65N Modular Kayak, is able to be joined together in sections, thus creating a kayak that will be approximately 500’ long–possibly the longest ever. The attempt will be made on Saturday, June 2nd at 11 a.m. at the L.L.Bean Paddling Center on Lower Flying Point in Freeport, Maine. The public is welcome to attend this event as well as all of the other family-fun activities at the Paddling Center over the weekend. Free shuttles will be available to take people to and from the Flagship Store all weekend long.
“What a perfect, fun way to infuse the essence of our 100th Anniversary, as well as our outdoor spirit into this event,” said Scot Balentine, L.L.Bean’s senior developer for outdoor equipment. “The 100 employees that are taking part are very excited to be sharing in this fun and historic moment. To set a new world record would simply put an exclamation point on what will no doubt be an already exhilarating experience.”
Other event highlights for the PaddleSports Weekend include a variety of waterfront activities at the L.L.Bean Paddling Center just minutes from the store on Saturday and Sunday, such as a free oceanside cookout, free boat testing with hundreds of kayaks, stand-up paddleboards and canoes. Plus folks will have the chance to speak with industry vendors and experts. In addition, there will be live music with the Eric Bettencourt on Saturday and Putnam Smith on Sunday, craft making for kids and more. Free shuttles will be running all weekend long to and from the Flagship Store and the Paddling Center.
The L.L.Bean Outdoor Discovery Schools will also offer 90-minute kayak tours of beautiful Casco Bay for only $35 and an Intro to Stand-Up Paddleboarding course for only $29. The L.L.Bean Outdoor Discovery Schools will also be offering their Kayaking Discovery Course all weekend for only $20. Space is limited, so please call 888-552-3261 to reserve your spot.
At the L.L.Bean Campus of Stores in downtown Freeport, there are even more terrific events such as demonstrations and clinics on everything from how to get into stand-up paddleboarding, selecting the right paddle, paddling techniques, as well as non-profit guests, vendors and much more. Special promotions start Friday and include 20% off the purchase of kayaks, stand-up paddleboards, canoes and Thule® car racks. L.L.Bean will also be offering a free extension middle section from the world record attempt (up to a $500 value) with the purchase of a Point 65N Modular Kayak while supplies last, For more information, please visit www.llbean.com/freeport, or call 877-755-2326.
About L.L.Bean, Inc.
L.L.Bean, Inc. is a leading multi-channel merchant of quality outdoor gear and apparel. Celebrating its 100th Anniversary this year, the company was founded in 1912 by Leon Leonwood Bean and began as a one-room operation selling a single product, the Maine Hunting Shoe. While the business has grown substantially, the company remains committed to the same honest principles upon which it was built–a focus on the customer, continuous product improvement and innovation, respect for people, preservation of the natural environment and a 100% satisfaction guarantee. The 220,000 sq. ft. Flagship campus of stores in Freeport, Maine is open 24 hours a day, 365 days a year and welcomes more than three million visitors each year. L.L.Bean can be found worldwide on www.llbean.com, L.L.Bean Facebook, L.L.Bean Twitter and L.L.Bean YouTube.
So will this kill the rental market or just prove that life happens
Posted: May 7, 2012 Filed under: Paddlesports, Sea Kayaking | Tags: Admiralty Law, Landowner, Rental Property, sit on top 2 CommentsLandowner, who rented cottage to married couple sued for death, when groom drowns in landowner kayak
According to the article, the landowner rented her cottage to a couple on their honeymoon. On the last day of their stay the deceased took a kayak out on the ocean that was at the cottage. The deceased was wearing a PFD (life jacket).
He was found dead floating in the bay with his PFD on after the weather changed.
So anticipating a lawsuit, the landowner filed a notice of claim under Admiralty law. Admiralty law says the claim of the injured (or deceased) is limited to the value of the vessel after the accident. In her filing she states she paid indicates she purchased the vessel, manufactured by Ocean Kayak, in May 2009 for $297 for the kayak three years ago.
If the federal district court accepts the notice, then the lawsuit is effectively ended and the plaintiff’s will receive $297.
two Ocean Kayak sit-on-tops for two paddlers each. (Photo credit: Wikipedia)
It is a great move in anticipation of litigation.
However
It is stupid that a person who is renting out their cottage on the ocean has to do this. What was the negligent act that she did? The kayak was still good, it was found floating, there was a PFD for the victim and he was wearing it. What else could you be liable for?
A property owner, landowner, has a duty of care to keep the property reasonably safe and to inform guests or invitees of any dangers. The deceased left the property!
See Kayak owner may face lawsuit over groom’s death or Property owner seeks liability protection in case of kayaker’s death.
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Posts will keep coming but I’m in the Grand Canyon
Posted: April 20, 2012 Filed under: Arizona, Rivers and Waterways, Whitewater Rafting | Tags: Grand Canyon, Grand Canyon National Park Leave a commentSorry, but you can’t turn down a Grand Canyon Trip
My posts will keep coming, I’ve scheduled them in advance and however comments will not get approved.
I’ll be back after May 13th.
What do you think? Leave a comment.
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Poster for Grand Canyon National Park, Arizona, USA (Photo credit: Wikipedia)
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Another lawsuit over drowning in low head dam.
Posted: August 30, 2011 Filed under: Rivers and Waterways 5 CommentsYou sometimes think there is some force that draws canoes or canoeists to low head dams. More so when you canoe at night without a PFD!
The mother of the deceased is suing the Town of Rocky Mount, Virginia for $5.3 million and $350,000 in punitive damages. The lawsuit is based on the fact the town new the dam was dangerous and did not fix it.
If you remember several previous articles on land owner liability, the liability of the landowner to a trespasser is minimal. (See Instructional Colorado decision Negligence, Negligence Per Se and Premises Liability and Land Owner of cycling track not liable for those dangers you can see.) In this case, the plaintiff will have to overcome the issue of being a trespasser and whether the town is protected by any premises liability.
Don’t get me wrong, low head dams need to be removed. They are death traps. At the same time, I’ve reported on two fatalities now by canoeists canoeing at night. (See Lawsuit over low head dam drowning against city of Topeka Kansas). This fatality the deceased was without a life preserver (PFD). If you paddle at night you better have a skill set and equipment far above “let’s rent a boat for a few hours.” I’ve paddled all over the world, many times at night, once in the Amazon jungle. However I always knew about the risks, the course, and except for boa’s in the trees and Cayman’s in the water, I knew what was ahead of me.
Lawsuits don’t change the world. The dam in question here has already been fixed to alleviate some of the dangers. The lawsuit is not going to change anything. The dam is in place to support the city water supply. What is the lawsuit going to do?
So
Work with the ACA and/or the AWA to remove or fix low head dams. Don’t go paddling unless you know where you are going. Don’t go hear a low head dam.
See Dead Woman’s Estate Sues Rocky Mount
What do you think? Leave a comment.
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Commercial Paddlesports Fatalities 2011 as of 8/15/11
Posted: August 24, 2011 Filed under: Paddlesports Leave a comment| This list is not guaranteed to be accurate. The information is found from web searches and news dispatches. If you have a source for information on any fatality please leave a comment. If this information is incorrect or incomplete please let me know. Thanks. |
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I’ve heard unconfirmed rumors of additional fatalities in Westwater Canyon and Browns canyon if anyone has any information please email me: recreation.law@gmail.com
What do you think? Leave a comment.
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New York jumps into paddler’s rights case on side of paddlers!
Posted: August 18, 2011 Filed under: Paddlesports 5 CommentsIt’s nice to see a state attorney general decided to do what is good for the people rather than what will get them sound bites!
This suit concerns a canoeist who paddled a waterway between two lakes. The land on either side of the waterway was owned by one landowner and when the canoeist went through the waterway they sued him for trespass.
For more information on the general facts of the case see Brandreth president talks paddling rights.
The state has now been granted permission to intervene in the suit representing the rights of the state of New York and consequently it’s people. This should bring a boost to the defense and help open up waterways in New York for recreation.
See State can side with editor in canoe case
What do you think? Leave a comment.
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National Park Service decides to help sue their concessionaires
Posted: July 12, 2011 Filed under: Paddlesports Leave a commentNormally this information requires a Freedom of Information Act request, however this parks seems to hand it out like brochures.
A concessionaire at Chattahoochee River National Recreation Area rented tubes to a family. The dam up above the tubing area was scheduled for and did release more water while the tube renters were on the river. A 9 year old girl was swept away during the higher flows and died.
The National Park Service released a report stating the concessionaire was liable for the fatality.
Allegedly, the tubing company was required to inform the renters of the dam release and what to do when an emergency occurs. This is all according to “federal law.”
I seriously doubt it. I even doubt the regulations are that strict. At best it might be in the concession agreement, but I even doubt that.
The report resulted in the concession agreement being pulled. The report was also forwarded to the federal prosecutor office. Why? What criminal act occurred when you rent inter tubes? Did they intentional not tell the family about the dam release? The concessionaire wanted to lose his concession agreement?
The concessionaire should immediately ask for the right to appeal and appeal this ruling. The NPS does not have much to stand on and here’s why.
A rental operation is not an outfitter or guide service. Just like a rental car company, the people renting the tubes could have taken them to any river and floated.
Protect your Customers and you protect your Concession Agreement.
It is always sad when someone dies. It is worse when a beautiful young girl dies this way. However it is not nerf tiddlywinks.
It is very easy and very necessary to educate your customers of the risks of the activities. A dam release is a known risk of the activity. A simple sign might have helped.
You should always tell your customers what to do if they are in trouble. Normally in a rental operation the best way is to have them call the “800” number on the side of the equipment you rent. You do have your name, phone number and website on everything you rent, right?
How are you going to get your gear back if you do not have your name on it?
If you are operating under a federal or state permit or concession agreement make sure you fully understand and do everything listed on the concession agreement. That is the first step the federal land manager always reviews when it is time for your permit to be renewed.
At the same time, knowing what you are required to do may also create a gray area for your operation. The gray area does not exist with the land manager, only with your customers. The land management agency cannot hold you liable for those things it does not tell you want to do in your permit.
The issue is you may not lose your permit, but you may lose the lawsuit.
However, you should always make sure you fight to hold on to your permit.
This is sad, very sad. It is going to get worse because of the lawsuit promoted by the NPS and the loss of the permit.
See Tubing company at fault in girl’s drowning
What do you think? Leave a comment.
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Mixed emotions on this lawsuit: Low Head Dams are nothing but killers on rivers and streams
Posted: March 3, 2011 Filed under: Rivers and Waterways 3 CommentsDefense of assumption of the risk is weak.
If you don’t know what a low head damn is find out. Normally, you can spot them because they have a perfectly level horizon line. A dam has been put in the river to divert water someplace. However, as the water goes over the dam it creates a perfect whirlpool, one that you cannot escape.
In this case, two teenagers went over the dam in a raft. Both boys drowned.
The defense is arguing that the two dead kids were taking chances. However, to me that signifies that you have a chance of surviving. It also means that you knew and understood the risk of the activity that you were chancing. Meaning you understood and assumed the risk.
However, you have no chance with a low head dam, and I seriously doubt that those teenagers knew or assumed that risk.
The claim in the lawsuit is a failure to warn. Under a premises liability claim, whether or not you had to warn would be dependent upon the status of the people coming upon your land. What that means for a governmental landowner in Ohio, I have forgotten over these past years.
There were two signs posted and the defense says witnesses tried to warn the kids of the dangers. The defense is going to argue the boys were risk takers. However, the boys were wearing PFD’s.
I don’t know about this one. Low head dams are killing machines. They all need to be removed. All of them need to have cables strung from the show across the water with buoys so people know it is not a trespassing issue; it is a life and death issue.
See Trial begins in drownings of Charles Trizza, Chad Schreibman.
What do you think? Leave a comment.
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US Coast Guard has a new program to return gear, save money and maybe save your life
Posted: September 7, 2010 Filed under: Paddlesports, Search and Rescue (SAR) Leave a commentWe waste a lot of money hunting for people who are not lost.
The United States Coast Guard has a new program to help identify lost paddling gear. This program may also help the Coast Guard start searches early and not start a search if not needed.
The program is Operation Paddles Smart. The idea is an official sticker that you can attach to your gear. The sticker will identify the gear and if contacted allow the Coast Guard to contact the owner of the gear. If no one can be found, a search can be initiated. If the owner is found, the gear can be returned to the owner.
For more information see:
Operation Paddle Smart: A sticker could save your life
The Coast Guard even has a Facebook page: Paddle Smart Identification Stickers.
For more information about the program contact the US Coast Guard Pacific Area Public Affairs at 510-437-3375 or via email at melissa.l.leake@uscg.mil.
Thanks to Sea Kayaker magazine for letting me know about this.
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Seriously, this suit against a canoe livery is stupid!
Posted: September 2, 2010 Filed under: Paddlesports Leave a commentHertz will soon be liable every time one of its cars is used in a holdup.
A 21 year old man and his friends rented canoes from a Canoe livery. They canoed to a train trestle. They climbed on the trestle and were jumping into the water when a train came along. The 21 year old instead of jumping, attempted to out run the train, was hit and killed.
His mother is suing the railroad, two railroad employees and the canoe livery.
Unless the canoe livery told the the young man to go jump in front of a train how can they be liable for renting a canoe. Is Hertz liable because it cannot determine which of the people renting its cars is crazy, normal, deranged and going to use the car to commit a crime?
Can you see the canoe livery owner in the future? Love to rent you a canoe, but you are not going to use the canoe to:
- Do something stupid?
- Rob a bank
- Try and out run a train?
Support Aaron’s Canoe & Kayak Center if you can.
See Mother of dead man files lawsuit.
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As soon as someone appoints me God, then and only then, will I be responsible for the trees around the lake.
Posted: April 27, 2010 Filed under: Paddlesports Leave a commentA lawsuit has been filed claiming that Canoe livery was liable for a tree that fell over and killed a canoeist. The tree was not on the livery property but on property near the canoe livery property.
So one Saturday afternoon you are watching the sun start to set when your neighbor climbs over your fence and attempts to chop down your favorite shade tree. When you ask him why he’s doing that, he says it may fall and hit somebody. After the police have hauled your neighbor away for trespassing and attacking your shade tree you can go back to the sunset.
In this litigation, the canoe livery had rented a kayak to a man kayaking on Brandywine Creek. As he was paddling back towards the Canoe livery’s landing a tree fell over and killed him. The argument being made by the plaintiff’s attorney was the canoe livery was responsible for everything along the ingress and egress to their landing. No matter whose land the tree was on. The plaintiff is claiming it was gross negligence not to check the trees along the ingress and egress. The suit also claimed that new livery needed to have trained medical personnel on hand at the landing to be able to take care of people who had been hit by falling trees. (LOL).
Quick legal note. Probably, the Canoe livery used a release and the gross negligence claim is being used to get around the release.
Trees fall over. Wind can blow them over, they can die, or you can chop them down. The best arborists, a tree person, in the world are at best making a good guess of whether or not a tree can fall over. Every tree can fall over. So either we cut them all down when you take the risk of a tree falling over in the woods.
So until you are that good at guessing which trees may fall over, or you are God so that you can divine when trees are going to fall over I can’t see how you can be liable for a tree falling over that you don’t own. However, even then I seriously doubt that either the clairvoyant or God will do anything about a falling tree. There are many other calamities going on in the world, and way too many trees, to worry about a tree falling over in the woods. Let alone worry about whether it a sound.
SEE Canoe company wants suit dismissed
What do you think? Leave a comment.
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Denver Colorado South Platte River Clean Up
Posted: April 7, 2010 Filed under: Rivers and Waterways 1 Comment| South Platte River Clean Up April 25th, 2010 |
Denver, CO – We are excited to announce the 4th annual South Platte River Cleanup on Sunday, April 25th in celebration of Earth Day in Denver, Colorado. This is an all volunteer event to pick up trash along the South Platte River and Bike Paths.  Over the last three events nearly 600 rafters, kayakers, cyclists and pedestrians have successfully removed over 6 TONS of garbage from the river and bike path. The event garnered local and regional media coverage as the lead story on several news channels, as well as appearing in the local papers. We expect this year to be our largest turnout yet. When: 4/25/10 Event Information Contacts |
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Come on! Expert’s will say anything sometimes.
Posted: January 26, 2010 Filed under: Paddlesports Leave a commentIf the lawsuit were over a drowning because the lifeguards did not arrive in time, would you testify the kayaks should have been kept closer to the beach?
A woman whose leg was broken when she was hit by a rescue kayak that had floated away lost her lawsuit this week. The surf was rough and a rescue kayak floated away hitting the grandmother with enough force to break her leg. She sued and her lawsuit was dismissed by the court.
What struck me in the reports on this case was the testimony of the expert witness. (An expert I have met.) The testimony was about good risk management practices. The expert testified that good practices would have kept the kayaks farther up the beach, so they would not float off. The defendants testified the kayaks were kept on the beach, so they would be accessible quickly.
I work as an expert witness. My credibility is the number one thing I have. If you cannot support your opinion with research, experience and a straight face, you should not be testifying.
Sometimes you have to turn down a case because it is a load of crap. I have turned down more cases, then I have accepted, believe me as the holidays roll by I wish that was not true. However, if I do not believe, in my opinion, or if my opinion is full of crap then I cannot testify.
What are the chances that someone could be hit by a kayak that floated away with enough force to break someone’s leg. I am not a good with statics (and lousy with English as you all know), but I am guessing it is rare. If something is that rare, you do not have it in a risk management plan or even worry about it. The classic risk management issues are you look at those things that have a high frequency or a high severity. If something occurs rarely or occurs with no injury, you ignore it. This fits in the ignore category so it is not a good “risk management” evaluation to worry about incidents with low frequency and low severity.
If your risk management plan is so deep that it covers issues this rare, you need to quit and open up another business. You are spending everyday worrying about the minutiae and have never opened your doors. Your plan is not a document, it is a treatise, and only you will ever look at it let alone be able to implement it.
Another argument made by the plaintiff is the city should be liable for her injuries because the city used kayaks instead surfboards or whaleboats for the rescue boats. Whaleboats are heavy, big, take 5-7 people to handle, and would have killed this woman if one had hit her. Kayakers are more stable and faster than surfboards. So slow, expensive and time consuming or unstable are the two options presented by the case.
If this woman had been in the surf drowning would she want to wait for enough crew to assemble to launch a whaleboat and row out to her or wait for an unstable surfboard to eventually get to her and work their way back.
The judge saw through the smoke and mirrors and stated “that moving the kayak further away from the surf or tethering it to the stand was contrary to its primary purpose of giving lifeguards “the instantaneous ability to attempt to save a life.”
If not we would have been in a constant battle between saving someone and not injuring someone who does not need saved.
We need more signs, idiots need not engage in this activity.
See Court: Sea Isle Not Liable for Beachgoer’s Broken Leg
Whitewater Rafting Bill gaining momentum
Posted: January 15, 2010 Filed under: Rivers and Waterways Leave a commentHuffington Post chimes in on the debate
A proposed bill in the Colorado legislature I first wrote about in Recreational Change to Colorado Water Access Coming in 2010 is gaining press around the country. The Huffington Post wrote a short article Colorado Whitewater Rafting Bill Seeks To Ease Tensions Between Landowners, Rafting Industry, which refers readers to The Colorado Independent article Curry to float bill aimed at ending rafter-landowner rights disputes.
When a national news source refers to the problems with recreating on Colorado’s waterways as mythical, you realize how antiquated the law is and how the landowners of the west are not in harmony with with reality.
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Recreational Change to Colorado Water Access Coming in 2010
Posted: January 8, 2010 Filed under: Rivers and Waterways 2 CommentsCan a boater finally float down a Colorado river without having to worry about being arrested – Maybe!
A bill proposed for the 2010 Colorado Legislature that would allow boaters to float all Colorado Rivers. Currently, if you float the river if you do not touch the bottom or the bank. Although even this is in dispute by several landowners who say if they own both sides of the river, they can stop anyone from traveling on the river.
You probably will not be able to put in and take out on the land, only float through the land if the bill passes.
As many Colorado boaters know, this has led to dozens of fights over the years, including several landowners ordering boaters off rivers at gunpoint. (What prompts someone to believe that floating across their river is such a threat, they need a gun?)
The original issue started in 1979 with a Colorado Supreme Court Decision, The People of the State of Colorado v. Emmert, 198 Colo. 137; 597 P.2d 1025; 1979 Colo. LEXIS 814; 6 A.L.R.4th 1016, that stated you could float across the water in the state of Colorado as long as you did not touch the river bottom or the sides. The water owners own the water in Colorado. (Yes, for all of you in the east, people own the water in the rivers of the west not the state.) However, the landowner who could say someone who touched his land was trespassing owns the bank and river bottom. In most states, someone floating river could access the bank to the high water mark or something similar to that.
This has promoted all sorts of wars. Landowners, mainly fishing clubs and texas landowners would then dam or fence their rivers so that boaters could not float through without touching the land and have boaters arrested for trespassing. (Although in several cases, damming the river without EPA approval is a crime.) Eventually many district attorneys quit making those arrests because they were a nuisance. Front Range attorneys would line up to fight the $50 criminal charges inundating the small rural DA offices. (I have been in that line several times, arguing various defenses to the charges.)
Now that fight is coming to a head, hopefully, with the bill proposed by representative Kathleen Curry of Gunnison and backed by the Colorado River Outfitters Association (CROA). According to CROA rafting is a $142 million dollar business in Colorado employing hundreds (probably thousands) of people.
This is going to be an interesting fight. And it will be a fight. The landowners have been involved in litigation for years over these issues and will not go quietly. If you are a boater in Colorado, you need to be involved. You should do the following:
- Make sure the bill covers all boaters, not just rafters.
- Determine who your representative and senator are and tell them you support Representative Curry’s bill and want them to co-sponsor the bill. (Do not go online to determine this. The Colorado Legislature website does not tell you.) Go here to find your districts.
- Contact CROA and tell them you support their efforts and want to be contacted about the bill.
- Be prepared to phone your legislators when needed to get the bill out of a committee or before a vote.
If you are from out of state and boat in Colorado or just want to be involved.
- Contact CROA and let them know you want to help.
- Contact the President of the Senate Brandon C. Shaffer, 303-866-5291, brandon@brandonshaffer.com let him know you support the bill; and,
- Contact the Speaker of the House Terrance D Carroll, 303-866-2346, terrance.carroll.house@state.co.us
- When the bill has been proposed, contact the sponsors of the bill and thank them for sponsoring the bill and for their support.
This can pass the legislature, but it will require a lot of work and effort. Basically, it is going to be money (landowners) versus voices (boaters). Voices can win if they are heard.
To see an article about the bill see: River River River rights to come before Colo. lawmakers
It’s Not My Fault, Its Their Fault: School Canoe Trip results in rescues
Posted: August 20, 2009 Filed under: Paddlesports, Rivers and Waterways 2 CommentsI am going to give you my kid then ignore any parental responsibility to see if you have a brain or have done any research.
Writing these blogs I want to laugh or cry but mostly I just shake my head and wonder. The article Risky Canoe Trip May Result In Lawsuit brings up several issues that I haul my soap box out for.
The simple facts are a school trip went to a canoe livery and rented canoes. The water was high and everyone ended up needing rescued. Then the fun begins.
First everyone starts pointing fingers at everyone else to avoid any liability. The canoe rental company blamed the school.
However a participant on the trip said everyone is liable. (Why is a high school senior talking this way?)
Seriously life is so bad that high school seniors worry about liability issues? What happened to worrying about beating the cross-town rival, the senior prom and getting lucky! (You know getting into getting lucky and getting into a good college.)
The mother of the senior quoted just allowed her son to go without checking anything. The rivers were supposedly up because of rain. Weather reports or windows are not available in that part of the world. Sure it’s Tennessee but rain is still rain and rivers rise when it rains.
The odds were not good for the teachers to have any chance of winning an argument with high school seniors: 62 teenagers to five adults.
Of course the school district representative is caught in the middle and promising an investigation.
Finally the issue of life jackets came up and being cool won.
The good news is no one was hurt physically, we’ll see later if anyone’s pocket book is hit because of this school trip.
Lawsuit filed over fatality on inflatable kayak trip on Rogue River
Posted: July 9, 2009 Filed under: Paddlesports 3 CommentsIn June of last year a women in a kayaking class drowned on the Rogue River. Cynthia Lee Von Tungeln was on a trip with Echo River Trips and running Picket Fence in the Blossom Bar rapids. She hit a rock and flipped the inflatable kayak. She was found wrapped around a rock. It took several weeks for the river to release her body so she her body could be recovered. Many accounts of the accident focused on the fact the woman’s body could not be recovered and that others on the river might see her.
According the article, the family of the deceased, are claiming the defendant where negligent in providing a kayak and inadequate instruction. (?) The defendant was also negligent in allowing and encouraging “her to proceed through dangerous rapids without warning.” See Family of kayaker who drowned on Oregon River seeks $4 million
It is sad that someone died having fun. But for many of us, that is the very nature of fun for us, pushing our limits, wanting to grow, or feeling the adrenalin surge. See Jon Heshka and the Right of the Individual to Die Doing What We Love and Adrenalin Junkie, Death Wish or Living Life to the Absolute Fullest.
There are several issues with the claims the plaintiff is making. First the deceased was in the inflatable kayak with another woman. She survived. This will throw in a lot of issues about how bad the rapid really was. The training and the instructions were adequate if one person survived the identical accident. I.e. if one person received the exact same instructions then the differences in the survival and the fatality were one person listened and did what she was told and the other did not. Or the deceased had an unknown or unreported issue that increased the chance that she would not survive.
Another issue is the trip was 34 miles long and the plaintiff had to have been in the inflatable kayak for a while. At some point she assumed the risk of the activity.
Both of these defenses would be in addition to any release the deceased might have signed prior to the trip. Oregon law is fairly solid on supporting releases, if they are properly written.
For additional articles about the accident see Rafters may see body that cannot be recovered and Body recovered from rapids.
Very interesting study: Canoeing & Kayaking represent 15% of all boating fatalities
Posted: March 10, 2009 Filed under: Paddlesports Leave a comment
The US Coast Guard each year reports boating fatalities. The information is collected from state boating administrators and is required by federal law. For the year 2007 canoeing and kayaking represent 15% of all boating fatalities. That translates to 200 (or 2001 depending upon what chart you are looking at) canoeing kayaking deaths in 2007 compared to 153 in 2006. There is no breakdown between sea kayaking and whitewater kayaking. However 16 of the deaths are whitewater activities.
They report 31 of the fatalities are due to alcohol abuse/use and 25 fatalities due to operator in experience.
See Accident Statistics.
Utah Legislation pushing bill to limit access to Utah waterways
Posted: February 24, 2009 Filed under: Rivers and Waterways, Utah 1 CommentLast year the Utah Supreme Court gave access to the Utah waterways in a decision Conatser v. Johnson. Although the water had been owned by the citizens of Utah, you could not access the water. After the decision, boaters and fisherman could walk, swim and float the rivers.
The legislature is considering a bill HB 187 that would take away that access on all but 14 Utah Rivers. In fact it would further restrict access to Utah Rivers. For additional information on the bill see the Utah Water Guardians. If you live in Utah you can sign an online petition opposing the bill. If you don’t live in Utah write a letter to the Utah Governor expressing your concern.
You can also call the Governor at : 801 538 1000 .
Outdoor recreation is going to disappear on Utah waterways if we don’t act.
Plaintiff claims website said raft trip was safe for beginners
Posted: August 7, 2008 Filed under: Rivers and Waterways, Whitewater Rafting Leave a commentJennifer Caffarella has filed a lawsuit against Laurel Highlands River Tours for injuries she received rafting on the Youghiogheny River. She was injured when her unguided raft flipped and she stood up in the water trapping her foot. She claims she suffered disfiguring injuries and brain damage.
The basis of her claim is the raft company misrepresented its claims that the raft trip was safe for beginners. The raft company claims they require all rafters to watch a safety video and take a 30 minute training course before they are permitted down the river. The company claims that the plaintiff was specifically told not to stand up in the river which she did causing the foot entrapment.
Press releases or interviews with the press by the defendants usually don’t talk about releases. They normally just respond to the questions which are usually based on what the reporter knows, so we don’t know if the outfitter has a release.
At the same time, a training course is a lot of information. Add a thirty minute training course and you would have to think there was some risk involved or you would not get that much information. Foot entrapment is also one of the issues covered in every pre-trip safety talk because people want to stand up in rivers. The higher your head is above the water the safe you feel. It is tough and not understood by the ill informed that keeping your body low in the river is the safest course of action.
At the same time, dimple rock, is a dangerous river section where several people have died. The state of Pennsylvania just completed a study where they determined that Dimple Rock was not going to be removed. The study was prompted because of the safety issues presented by the rock. See Dimple Rock will remain unchanged in lower Youghiogheny River.
For the complete article see: Injured woman sues rafting company
It might be better to create a purely rental operation. If a car rental company can rent someone the most dangerous machine we have invented, the automobile, then a raft rental is easy. However, the course of attempting to make the experience easy and “safer” has lead the outfitters out of the protection afforded by a rental program and into a guide program where the liabilities are much greater. For that same reason, you probably cannot go back.
MA proposed stupid bill to promote litigation in kayaking
Posted: July 24, 2008 Filed under: Paddlesports | Tags: American Red Cross, Business, Kayak, Massachusetts, Organizations, Sea kayak 4 CommentsI always love it when people who have no idea what they are talking about, tell others how to do something. I’m not talking about tourists at Devils Tower
Image via Wikipedia
Monument; in this case I’m talking the Massachusetts‘s legislation and how to teach sea kayaking.
Want proof? This was reported as testimony before a legislative committee.
Rep. William M. Straus, D-Mattapoisett is the sponsor of the bill and author of the quote above. As a member of the board of directors of the Trade Association of Paddlesports (but speaking for myself) and a boater for 45 years, I’ve never seen a kayak that I was “strapped into” fully or not fully.
The Massachusetts legislation is proposing that kayaking schools must teach someone how to wet exit.
That is as dumb as it sounds!
The idea is based on, of course, a grieving family person, who is guessing that there relative died when he could not wet exit from his overturned boat. So we need to make sure no one else suffers that same fate, I guess.
First off, no reports show how or why the person died. But that does not matter, the legislature needs to act.
What’s worse is the witness reports about the accident state he victim was upright when he died, that he had rolled back up. Kayak student drowns off West Island. Consequently the new law about teaching wet exiting is not even based on events the law attempts to cure.
Things get worse. A kayak instructor would have to have the following to teach kayaking:
- First aid training approved by the MA Department of Public Health
- Cardiopulmonary resuscitation (CPR) training approved by the MA Department of Public Health
- Certification from the American Canoe Association
- Water rescue certification from the American Red Cross.
Is this measure going to save a life? No. What this measure will do is three things.
First it will make the widow feel better. She will feel like she has done something to keep someone from dying. She will feel like her husband did not die in vain. Our loved ones are not allowed to die without a cause or accomplishment in the US we must go out with either a bang or a legacy.
Second it will create lawsuits. We now have rules that will give anyone injured kayaking the opportunity to start a lawsuit. The first aid card of the instructor was out of date, the class did not fully cover wet exiting, the ACA certified instructor left the class for a minute and the non-ACA certified assistant was the only person there. I was not taught correctly therefore I can sue.
Third we will also have more government regulation. We have a state agency sticking their nose into kayaking schools and telling them how to do things. Again, another group of people who know nothing about what they are talking about, telling someone else how to do it. This blog seems to be coming around full circle: People with no clue telling those with the necessary education and experience how to do something.
See House endorses kayak wet-exit training
Recreation Law 