New Book Aids Both CEOs and Students
Posted: November 14, 2018 Filed under: Adventure Travel, Assumption of the Risk, Camping, Case Analysis, Challenge or Ropes Course, Climbing, Climbing Wall, Contract, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, First Aid, Good Samaritan Statutes, Insurance, James H. Moss, Jurisdiction and Venue (Forum Selection), Legal Case, Medical, Mountain Biking, Mountaineering, Negligence, Paddlesports, 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, Paragliding, Hang gliding, Swimming, Whitewater Rafting, Zip Line | Tags: and Law, Desk Reference, Insurance, Law, Outdoor Industry, Outdoor recreation, Outdoor Recreation Insurance, Outdoor Recreation Risk Management, Reference Book, Reward, Risk, Risk Management, ski area, Textbook, Whitewater Rafting 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
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.
Montreat College Virtuoso Series 2 Day Outdoor Recreation Management, Insurance & Law Program
Posted: February 12, 2017 Filed under: Assumption of the Risk, Avalanche, Challenge or Ropes Course, Climbing, Climbing Wall, Cycling, Medical, Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Racing, Risk Management, Rock Climbing, Scuba Diving, Search and Rescue (SAR), Ski Area, Skier v. Skier, Skiing / Snow Boarding, Sports, Swimming, Whitewater Rafting, Zip Line | Tags: assumption of the risk, Certificate of Insurance, Insurance & Law, Montreat College, Outdoor Recreation Risk Management, releases, Risk Management, Risk Management Plans, Seminar, Virtuosos Series Leave a comment2 packed Days with information you can put to use immediately. Information compiled from 30 years in court and 45 years in the field.
Whatever type of Program you have, you’ll find information and answers to your risk management, insurance and legal questions.
You’ll also receive a copy of my new book Outdoor Recreation Insurance, Risk Management, and Law
Get these Questions Answered
What has changed in the law Concerning Releases? What states still allow releases and which ones do not. What changes have been made in how releases are written? How can you make sure your release is not as affected by these changes?
Everyone is excited about Certificates of Insurance. Why this excitement is not valid and why most of them don’t work. What must you do to make a certificate of insurance work for your program?
What is an assumption of risk document and why are they important. How can your website be used to prove assumption of the risk.
How should you write a risk management plan that does not end up being used against you in court?
How do you handle an accident so it does not become a claim or a lawsuit.
Put February 24 & 25th on your Calendar Now.
Course Curriculum
1. Assumption of the Risk
1.1. Still a valid defense in all states
1.2. Defense for claims by minors in all states
1.3. Proof of your guests assuming the risk is the tough part.
1.3.1. Paperwork proves what they know
1.3.1.1. Applications
1.3.1.2. Releases
1.3.1.3. Brochures
1.3.2. The best education is from your website
1.3.2.1. Words
1.3.2.2. Pictures
1.3.2.3. Videos
2. Releases
2.1. Where they work
2.1.1. Where they work for kids
2.2. Why they work
2.2.1. Contract
2.2.2. Exculpatory Clause
2.2.3. Necessary Language
2.2.4. What kills Releases
2.2.4.1. Jurisdiction & Venue
2.2.4.2. Assumption of the Risk
2.2.4.3. Negligence Per Se
2.2.4.4.
3. Risk Management Plans
3.1. Why yours won’t work
3.2. Why they come back and prove your negligence in court
3.2.1. Or at least make you look incompetent
3.3. What is needed in a risk management plan
3.3.1. How do you structure and create a plan
3.3.2. Top down writing or bottom up.
3.3.2.1. Goal is what the front line employee knows and can do
4. Dealing with an Incident
4.1. Why people sue
4.2. What you can do to control this
4.2.1. Integration of pre-trip education
4.2.2. Post Incident help
4.2.3. Post Incident communication
You can decided how your program is going to run!
Put the date on your calendar now: February 24 and 25th 2017 at Montreat College, Montreat, NC 28757
$399 for both days and the book!
For more information contact Jim Moss rec.law@recreation.law.com
To register contact John Rogers , Montreat College Team and Leadership Center Director, jrogers@montreat.edu (828) 669- 8012 ext. 2761
Update on Ice Climbing with the UIAA
Posted: January 31, 2017 Filed under: Rock Climbing, Union Internationale des Association d’Alpinisme (UIAA) | Tags: Ice climbing, UIAA Leave a comment
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Outdoor Recreation, Insurance Risk Management and Law
Posted: June 30, 2015 Filed under: Adventure Travel, Climbing, Climbing Wall, Cycling, Equine Activities (Horses, Donkeys, Mules) & Animals, James H. Moss, Minors, Youth, Children, Mountain Biking, Mountaineering, Paddlesports, Rock Climbing, Ski Area, Ski Area Statutes, Skiing / Snow Boarding | Tags: Outdoor Insurance, Outdoor Law, Outdoor recreation, Outdoor Risk Management, Recreation Law, Sagamore Publishing Leave a comment Coming this fall
Ouray Ice Climbing Festival Schedule is UP. The biggest Ice Climbing event in North America
Posted: November 11, 2014 Filed under: Climbing, Rock Climbing | Tags: Carlos Buhler, Conrad Anker, Ice climbing, Jeff Lowe (climber), la sportiva Leave a comment
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OK, this one just sent me over the edge. The USFS ticketed a rescuer for not getting out of the way. The rescuer had rappelled down and stabilized an injured climber on a ledge.
Posted: March 14, 2014 Filed under: North Carolina, Rock Climbing, US Forest Service (USFS) | Tags: Asheville North Carolina, Emergency Medical Services, Forest Service, Good Samaritan, Helicopter, Linville Gorge, Linville Gorge Wilderness, North Carolina, Pisgah National Forest, Rescue, Rock climbing, Sikorsky UH-60 Black Hawk, USFS 3 CommentsWatch the video or read the transcript then go make a comment! I would also suggest you contact your congressman and let them know the actions of the USFS are way out of line.
Read the transcript at the website Climber involved in rescue issued citation
On top of that, the Good Samaritan rescuer could have been liable to the injured climber if he had followed the instructions and abandoned the injured climber. As many of you know, once you start a rescue or first aid you must continue until relieved by a higher medical authority.
Besides, how is this going to be portrayed with the next rescuer? Will people be willing to help if they may face a ticket?
The biggest wake up should be to the US Forest Service. Most rescue plans for federal lands, USFS, BLM or NPS are dependent upon Good Samaritans. In many plans, the plans would not be possible without the involvement of persons standing by.
The National Forests in North Carolina contact info can be located here and is: Supervisor’s Office
160 Zillicoa St. Suite A
Asheville, NC 28801
828-257-4200
828-257-4200
You can email them here. Tell them you only know what you say on the newscast but their actions can have chilling effect on future rescues. Also, their actions might have put the victim at risk and subject the rescuer to liability.
What do you think? Leave a comment.
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Copyright 2014 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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Study by Vermont Medical Student wants to Study Rock Climbing Injuries.
Posted: March 25, 2011 Filed under: Rock Climbing Leave a commentInjuries in Rock Climbing Survey
Information Sheet
This is an information sheet describing the survey.
Just as an FYI: If you are under 18 or have spent less than half of your climbing time climbing sport or bouldering, you won’t be able to complete this survey. I plan on coming back later and looking other climbing disciplines, but right now I’m focused mainly on sport/bouldering. I’m including this disclaimer here after some initial survey-takers were surprised to be disqualified early on in the survey. If you are 18 or older and have spent at least half your climbing time climbing sport or bouldering, read on!
Title: Survey of Chronic Injuries in Rock Climbers
Principle Investigator: Alex Folkl
Faculty Sponsor: Rodger Kessler
You are being invited to take part in a research study on the prevalence, causes, and consequences of chronic injuries in rock climbers. This study is being conducted by Alex Folkl, a fourth-year medical student at the University of Vermont College of Medicine.
You will be asked to answer 16 questions, which should take less than five minutes to complete. These include demographic questions (age, gender), and questions about climbing and injury history.
The information being collected in this survey is anonymous. We hope that study results will fill gaps in medical knowledge about injuries in climbers, and in so doing will allow you to anticipate what kinds of chronic injuries to be on guard for the longer you climb, and what kinds of lifestyle modification may be necessary to cope with those injuries.
Your participation in this study is fully voluntary and you may choose not to participate. The results of this study may be published. However, the information obtained during this study is confidential, and as we will not ask for your name or any identifying information, you will remain anonymous in any publications.
If you have any questions concerning your participation please contact Alex Folkl at
rockclimbingsurvey@gmail.com. Questions concerning your rights as a participant in this research can be directed to Nancy Stalnaker, Director of the Research Protections Office at the University of Vermont, by calling (802) 656-5040. Your consent to participate is implied upon the completion of the survey.
Thank-you.
To take the survey click here!
What do you think? Leave a comment.
Copyright 2011 Recreation Law (720) Edit Law, Recreation.Law@Gmail.com
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